11:07 a.m.  Senator Specter closes the question and answer session.

Sen. Specter is now instructing that questions to be submitted to Judge Roberts are due.  The Committee will now move to a closed session, under Senate Rule 26.  At which time the committee will consider the FBI report about the nominee.  Under Sen. Biden's tenure, this session was made mandatory, regardless of the content of the investigative FBI report.  The Committee will hear from the first panel of witnesses at the conclusion of the closed session.

11:05 a.m.  Senator Graham is discussing the content on which a nominee should be judged.

Sen. Graham says that he would not like to be judged by the people he has represented.  Sen. Graham sys that no one can question Judge Roberts' intellect.  He is discussing that it comes down to what Judge Roberts' heart says.  Sen. Graham says that if the Committee goes down the road where it is the quality of someone's "heart" that determines if they should be confirmed, the Committee will be doing a disservice.

11:01 a.m.  Senator Durbin questions Judge Roberts about

Sen. Durbin is now asking Judge Roberts about the memo concerning the EEOC which Sen. Kennedy addressed.  Sen. Durbin is now returning to a case discussed yesterday about an HMO and the insurance coverage of thousands of families.  Judge Roberts has said that he takes the cases that come to him, and if an opposing side had come to him, he would have taken their case.  Sen. Durbin is asking if Judge Roberts would have taken a case that would have overturned rights for minorities or specific groups, if he would accept the case.  Judge Roberts says that he does not sit in judgment of clients when they come to him; he believes that the Court is responsible for those decisions.  Sen. Durbin is asking Judge Roberts where he would draw the line where his personal views would prevent him from taking a particular case.  Judge Roberts says that people become lawyers for various reasons, and he became a lawyer because he believes in the point of the law.  Judge Roberts says that he became a lawyer to promote the rule of law.

10:47 a.m.  Senator Cornyn is asking Judge Roberts about documents that have been released.

Sen. Cornyn is now asking Judge Roberts to discuss why documents may not have been released.  Judge Roberts is discussing why several documents may not have been released due to attorney-client privilege.  Judge Roberts says that that privilege pertains to a company or to the President of the United States.  Sen. Cornyn is now submitting for the record letters indicating that it is appropriate for the documents that have been withheld to be withheld.

10:42 a.m. Senator Schumer is questioning Judge Roberts about the appropriateness of questions that have been asked of him.

Sen. Schumer is asking Judge Roberts if he would personally object to the Administration releasing requested memos.  Judge Roberts says that he does not think it appropriate for him to take a position on that matter.

Sen. Schumer is talking about Judge Roberts refusal to answer certain questions.  Sen. Schumer is asking Judge Roberts what questions he would pose to a nominee if he were in the position to do so, and how Judge Roberts would answer the question eh would ask himself.  Judge Roberts says that he would ask a lot of the same questions he has been asked, including what his view of the proper role of a judge in our legal system.  Judge Roberts says that he would ask how a nominee would approach cases.  Sen. Schumer would like to know what question Judge Roberts would ask that hasn't been asked.  Judge Roberts says that he would ask what a person's personal views are.  Judge Roberts says that he would answer that question by saying that he sets aside his personal views, and so they are not an issue when deciding cases. 

Sen. Schumer is returning to the Commerce Clause.  He is asking Judge Roberts if he believes that Congress has the authority to regulate local activities if they are commercial in nature.  Judge Roberts says that the question comes to whether an activity is in fact commercial.  Sen. Schumer is now asking if under the Commerce Clause, Congress could pass a law banning cloning for commercial activity.  Judge Roberts says that he does believe that Congress would have that authority.

Sen. Schumer is now concluding by thanking Judge Roberts for his three days of testimony.  Sen. Schumer is expressing his concerns about the seriousness of this nomination on the future of the Court.  He is highlighting Judge Roberts brilliance, familiarity with the law, that he believes Judge Roberts is a lawyer above all, and Judge Roberts' judicial philosophy of modesty and humility.  Sen. Schumer is also discussing his hesitations in Judge Roberts' nomination, including the question of compassion and humanity, the refusal of the Administration to release documents from Judge Roberts' tenure on the Solicitor General's office, and Judge Roberts refusal to answer several questions from the Judiciary Committee.

Judge Roberts is now responding to the question of what kind of justice Judge Roberts would be.  Judge Roberts says that he has been as fully responsive as he could be during the hearings.  He says that his opinions demonstrate that he is not an ideologue. 

10:23 a.m. Senator Sessions is asking Judge Roberts to clarify his position on educating immigrant children.

Sen. Sessions is asking Judge Roberts about a case decided in Texas where education would not be provided to immigrant children.  Sen. Sessions is asking Judge Roberts if he is judging the constitutionality of the right of the state of Texas to legislate on this issue.  Typically, governance of education is handled by the states.  Judge Roberts says this is why he attempted to separate the legal question and his personal views on education.

10:21 a.m.  Senator Feingold is asking Judge Roberts about ethics on the court.

Sen. Feingold is asking Judge Roberts if he would curb the lobbying of federal judges should he be confirmed.  Judge Roberts says that he does not know how the funding rules regulate this practice, he finds it inappropriate for judges to be lobbied, and he would review these practices.  Judge Roberts says that he does think that it is important for judges to get out of Washington to visit law schools and discuss issues with other people.

Sen. Feingold is now asking Judge Roberts about honoraria.  He is asking Judge Roberts if he thinks it is appropriate that judges are banned from accepting honoraria.  Judge Roberts says that he is unfamiliar with the area.

Sen. Feingold is asking Judge Roberts about the death penalty.  He is asking Judge Roberts about the right of death row inmates to habeas corpus, or the right to have a case heard in court.  Sen. Feingold is asking Judge Roberts if his thoughts about habeas corpus have changed.  Judge Roberts says that he was referring to a time when there was no limit to the number of petitions that individuals could file.  Judge Roberts says that Congress has since passed laws that restrict and limit the number of repetitive and successive petitions individuals could file.

10:00  a.m. Senator Feinstein is questioning Judge Roberts about educating immigrant children.

Sen. Feinstein is stating that she is now not sure how she is going to vote for Judge Roberts.  She is commenting that his long tenure on the Court would raise several additional concerns in voting to confirm him.  She has asked Judge Roberts if he believes that he was wrong in drafting a memorandum suggesting that some children should not be educated based on their immigration status.  Judge Roberts is stating that he has respect for the ruling of the Court in this particular case, and that he believes that there is a legal issue at play, and his opinions on this particular case comes from a legal perspective. 

Sen. Feinstein is now highlight a review conducted by a Duke professor in which Judge Roberts was considered to be a consistent vote against worker's rights.  Judge Roberts says that according to another study, he was labeled as having voted more than any other Judge on the D.C. Circuit Court in favor of workers rights and against corporations. 

Sen. Feinstein is now questioning Judge Roberts about executive power. 

9:41 a.m.  Senator Kennedy is asking Judge Roberts about discrimination issues.

Sen. Kennedy is asking Judge Roberts if he believes that the Congress has the authority and ability to legislate to free the country from discrimination based on sex, race, and disabilities.  Judge Roberts has responded that he does believe that Congress has that authority.  Sen. Kennedy says that it has been decided that states should be given the authority to legislate about disabilities.  Judge Roberts says that the issue is whether Congress has the authority to act on this issue without violating the individual rights of states to legislate. 

Sen. Kennedy is now discussing the Equal Employment Opportunity Commission (EEOC).  Sen. Kennedy is highlighting a memoranda written by Judge Roberts where he wrote that the "we should ignore the EEOC..."  Judge Roberts says that the memo must be read in its entirety, and that it was referencing a specific case in which an individual was disgruntled with the EEOC.  Judge Roberts says that he was responding to a concern that the individual who suggested that President Reagan had promised to abolish the EEOC.