Litmus tests: virtually unprovable

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President Obama has a big decision to make.

Who’s going to become the next nominee to the U.S. Supreme Court?

Now comes the inevitable question: Uh, Mr. President, do you have a litmus test that a nominee must pass?

Gee, how does the president answer that one? “Of course not! I don’t believe in litmus tests. My nominee will be the most qualified person I can find. He or she must be able to interpret law, not make it, and they must be studious as they ponder the constitutional decisions he or she must face.”

Actually, it is my considered opinion that answers like that are full of so much mule dung.

Of course there are litmus tests! The issue facing the politicians doing the appointing is that they dare not call them such.

Does anyone in their right mind believe that when, say, a president of the United States looks across a conference-room table at a prospective nominee that he or she doesn’t ask them The Question?

In a case such as this it might be: “Would you vote to uphold the Roe v. Wade abortion decision?” Or, “would you stand behind the Affordable Care Act?” How about, “would you continue to uphold the ruling that gay couples are guaranteed under the 14th Amendment to the Constitution to be married?”

Do presidents ask those questions? Sure they do. You know it. I know. The presidents know it. The people they interview know it.

Let’s not be coy, either. Presidents of both parties ask them in search of the correct answer. Does anyone really believe, for instance, that President Reagan didn’t at least know in advance how Antonin Scalia would lean on, say, the Roe v. Wade decision when he considered him for a spot on the court? Do you think he might have asked him directly? I believe it would have been a distinct possibility.

Are all these meetings open to public review? Are they recorded for posterity? No and no.

That’s why the “litmus question” is a monumental waste of time. The answers mean nothing to me.

If only presidents would be candid. “Sure, I have tests that candidates must meet. Hey, I was elected to this office and most voters who cast their ballots for me knew what they were getting. Elections have consequences.”