UPDATE: Senator Kyl is Joe Biden with a brain. Knowledgable in law, he discredits Biden's inept attempt at obfuscation, and is a good orator as well. Also, he does not seem to be nearly as drunk as Ted Kennedy was.
Kyl wants to know Roberts view on the role of a judge in advancing freedom and progress. Roberts says that judges must be on the "side of the Constitution.
Senator Kohl is up. Taking umbrage with the "umpire" metaphor, as I knew some would as it was a stupid thing to say, Senator Kohl says that umpires rely upon their OWN interpretations which can be quite different from umpire to umpire. And each can have a different strike zone. And a good justice must break new ground and step outside of the box at times.
Roberts hems a bit, haws some more and is kicking himself for the umpire idea.
Kohl asks essentially whether a reserved judge would have ruled in favor of the Brown v. Board plaintiffs. Roberts says yes. He says that the broad language of the Fourteenth Amendment was purposeful, and can be read as such consistent with the orignal understanding. Roberts is pretty impressive talking about the particular lawyers who argued Brown - John Davis and Thurgood Marshall - and the particular cases they cited.
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