Final Day of Nomination Hearings: Yawn.

Sen. Russell Feingold had some trouble getting  the Judiciary Committee chairman's attention.
Sen. Russell Feingold had some trouble getting the Judiciary Committee chairman's attention. (By Melina Mara -- The Washington Post)
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By Dana Milbank
Friday, September 16, 2005

John Lewis, legend of the civil rights movement and Democratic congressman from Georgia, was giving it his all before the Senate Judiciary Committee yesterday afternoon. "I fear that if Judge Roberts is confirmed to be chief justice of the United States, the Supreme Court would no longer hear the people's cries for justice," he pleaded.

Lewis's testimony was passionate, poignant -- and pretty much irrelevant to the outcome. Only four of the committee's 18 senators were on hand for much of his testimony; Chairman Arlen Specter (R-Pa.) could be seen consulting his wristwatch. Of the 120 seats in the press gallery, 104 were unoccupied. And dozens of seats reserved for the public went unoccupied.

Skipping the final session, committee members Sam Brownback (R-Kan.) and Mike DeWine (R-Ohio) gave a news conference outside the hearing room. The pair found themselves talking mostly to camera crews, as a couple of reporters half-listened. "Questions?" Brownback asked.

Nobody replied.

As witnesses gave their views for and against the man who will almost certainly be the next chief justice, one thing was clear: John G. Roberts has no Anita Hill. In 20 hours of questioning that ended yesterday morning, Democrats were unable to bloody the nominee significantly. With Republicans in possession of enough votes to confirm Roberts -- and no skeleton peering from the nominee's closet -- the fourth and final day of hearings into Roberts left the firm impression that senators were just going through the motions.

As Democrats proceeded through their final round of questioning, the Republicans did not conceal their boredom. Sen. Tom Coburn (Okla.) yawned. Brownback closed his eyes and rubbed his brow. Sen. Lindsey O. Graham (S.C.) let out a big yawn and fixed his hair. Five GOP staffers shared a joke, then passed a note to Sen. Orrin G. Hatch (Utah), who read it, looked over at the Democratic side and chuckled.

As Sen. Russell Feingold (D-Wis.) wrapped up his questioning of Roberts, he listed a number of documents he wanted included in the record.

"Mr. Chairman, if those items could be entered in the record?" Feingold asked of Specter.

Silence.

In the chairman's seat, Specter sat, scribbling or doodling, unaware that all eyes were on him to grant the routine request.

"Mr. Chairman?" Feingold said again.

This roused Specter from his reverie. "Yes?" he asked, looking up, and then he finally mustered "Without objection, so ordered."


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