Katie Connolly
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May 7, 2009 03:15 PM
The new Ranking Member on the Judiciary Committee, Alabama conservative Jeff Sessions, has been asked an assortment of questions about what qualities make for a good Supreme Court Justice over the past few days, and his responses have been somewhat unconventional. He told Fox News yesterday that could theoretically vote for a pro-choice nominee, if he was satisfied with their interpretation of Roe Vs. Wade. "If they are faithful to the law, then we can get along pretty well," he said. This morning Sessions said that being openly gay isn't a disqualifier for a position on the land's most important bench. "It depends on their personal ethics
and standards and their legal skill and ability. I don't think a person who acknowledges that they have gay
tendencies is disqualified per se for the job," Sessions said on MSNBC's Morning Joe. These are hardly ringing endorsements of gay or pro-choice candidates. And if you read between the lines, it sounds like he'll only support a candidate, gay or straight, who believes that the legality of abortion is a state issue. He certainly seems focused on ensuring that the nominee follows the law "faithfully" and refrains from "activism" - both of which are conservative codes for overturning Roe v Wade. Still, for the Alabaman to make those allowances is big step that indicates some openness towards the Administration, and one that will surely rile Christian conservatives.
Perhaps a more significant statement though was when he told the Associated Press Wednesday that he was not inclined to filibuster Obama's nominee (although he didn't rule it out entirely). Sessions said that the bipartisan Gang of 14 approach, which helped avoid filibusters of judicial nominees in the 109th Congress, had set a "standard" that Senators should try to adhere to, except in unusual circumstances. While this statement is easier to make at a time when Republicans in theory lack the requisite votes to filibuster, Senate Democrats aren't the most disciplined bunch and their newest member is hardly the most reliable vote. So Sessions's apparent aversion to judicial filibusters should be a heartening sign to the Administration, provided Obama sticks by his promise of not selecting a "bomb thrower". But as is often the case, what happens on TV talk shows and the Senate floor could well be two very different things.