Both Biden and Schumer would have turned judicial nominees into political candidates, who would then gain overwhelming support for confirmation by endorsing a liberal laundry list. Roberts responded to Biden that judges "decide cases according to the judicial process, not on the basis of promises made earlier to get elected or promises made earlier to get confirmed."
Roberts has won the argument. Law writer Stuart Taylor Jr., in an Aug. 1 Legal Times article, indicated he had changed his mind and now felt that if Democrats "ever succeed in forcing nominees to detail their views, it will not only corrupt the integrity and independence of new justices. It will also, perhaps, open the way for presidents to pack the court with people who have virtually pledged their votes on a long list of issues." Taylor cited the position by Laurence Silberman, a senior judge on the District of Columbia Circuit Court, that every case must be tried on its merits and weighed against the Constitution rather than decided on broad considerations of social philosophy. That is precisely the standard put forth repeatedly by Roberts.
In response, the Democrats have so hardened their posture that a unanimous Judiciary Committee vote by them against Roberts is probable. In the full Senate, the most that Roberts can hope for is probably eight Democrats, or 63 total votes.
Schumer said at the beginning of the hearing he would accept Roberts as a "mainstream conservative" but not an "ideologue." Is Roberts more of an ideologue than Justice Antonin Scalia, who was confirmed with 98 votes? Is Roberts more of an ideologue than former American Civil Liberties Union (ACLU) general counsel Ginsburg, who got 96 votes? Chuck Schumer did not make his case.