questions senators shd ax john roberts:

1. do YOU have a right of privacy?

[if he answers "no," he'll have to answer all questions about his personal opinions, because nothing is protected by a nonexistent right. you might even persuade him to ask the white house to release all his papers—in the interest of consistency. if he answers "yes," follow up by asking him to go into detail about how the constitution protects it, especially amendments 1 thru 5 plus 9.

[alternatively—and probably a more productive way to handle it—ask him to summarize the arguments on both sides along with rebuttals, as he might do if he were writing an objective article on the subject for a textbook.]

2. does the advice & consent clause require the senate to give nominees an up-or-down vote?

[he can't refuse to answer: separation of powers prevents the issue from ever coming to court, so it's not out of bounds. but it's a real constitutional question, not a hypothetical one, so it's a great way to explore his thinking processes—and possibly to educate us all.

[once again, the most informative way to approach it might be to get him to argue and rebut both sides, briefly but with enough detail to clarify both positions. i think he should be made to feel free to express his opinion on this question, since—again—he'll never have to decide it in court.]

—as usual, u r invited 2 xpand dis list via comments—