When Democrats demand "more information"

Most observers agree Democrats will seek to slow Judge Roberts' nomination process, hoping that someone somewhere uses the extra time to find a "nomination-killer."

One delay tactic senate judiciary committee Democrats are sure to use is a request for documents Roberts wrote while working in the White House Counsel's office during the Reagan years, and in the Solicitor-General's office during the first Bush presidency. They'll claim, "We can't really evaluate this candidate without them."

Democrats used the tactic when Miquel Estrada, who had served in the Solicitor General's office, was nominated to the appellate court. As expected the White House and Justice Department refused to release the documents, citing their privileged status.

At the time, all seven former solicitors general, four Republicans and three Democrats including Archibald Cox, sent a letter to the committee chair, Sen. Pat Leahy, expressing their opposition to the committee Democrats' request.

"Any attempt to intrude into the Office's highly privileged deliberations would come at the cost of the Solicitor General's ability to defend vigorously the United States' litigation interests -- a cost that also would be borne by Congress itself."

Their letter ended:

"Although we profoundly respect the Senate's duty to evaluate Mr. Estrada's fitness for the federal judiciary, we do not think that the confidentiality and integrity of internal deliberations should be sacrificed in the process."

With Democrats then in the majority, they were able to disregard the former attorneys general's letter and deny Estrada a vote, claiming the government's refusal to release the documents as their reason.

Estrada, who had received the American Bar Association's highest rating by unanimous vote of its committee on judicial nominations, waited 2 years for some resolution. There being none, he asked that his nomination be withdrawn.

The outcome in Roberts' case will be very different. The Democrats will make their documents requests. The White House and Justice will make no comment until they've "read and considered" the requests. There'll be some back-and-forthing which should buy the Democrats a little delay time.

During that relatively brief delay, the former solicitor generals' letter will be a great asset to Roberts' supporters as they explain to the American people why the documents should not be made public.

Then, after an exchange of letters, some press conferences, lots of intemperate speeches from certain senators, and screams from People for the American Way, Republicans will say it's time to move on. Roberts will get his vote.

Republicans are in the majority now. Elections matter.

A facsimile copy of the former attorneys general's letter is here in pdf form.