Brownback praises nominee’s ‘modest’ view

? On the opening day of confirmation hearings, Sen. Sam Brownback praised Supreme Court nominee John Roberts for supporting a “modest” view of the court and said he was leaning in favor of Roberts becoming the next chief justice.

The Kansas Republican recalled his first meeting with the nominee in July, when Roberts compared the court system to a baseball game. Brownback said he was pleased when Roberts told him, “It’s a bad thing when the umpire is the most watched person on the field.”

“The umpire should call the ball fair or foul, it’s in or it’s out, but not get actively involved as a player on the field,” Brownback said. “Unfortunately we’ve gotten to a point today where, in many respects the judiciary is the most active policy player on the field.”

Roberts later continued the baseball analogy in his opening statement, saying judges, like umpires, play a limited role.

“Judges and justices are servants of law, not the other way around,” Roberts said. “Judges are like umpires. Umpires don’t make the rules, they apply them.”

Brownback seemed to put to rest questions that he might be a skeptical voice among some Republicans who wonder if Roberts is conservative enough on the issues. When Roberts was first nominated, Brownback said he was taking a “trust but verify” approach.

But Brownback emerged as one of Roberts’ defenders on Monday. After Kennedy criticized the Bush administration for not releasing all of Roberts’ papers from when he was a Justice Department attorney, Brownback issued a statement calling the level of disclosure “unprecedented.”

Brownback was one of the last members of the committee to present opening remarks as lawmakers began their probe of Roberts’ views and judicial philosophy. The 50-year-old judge could shape the Supreme Court for a generation if confirmed to replace William H. Rehnquist.

Brownback criticized the high court for straying beyond its boundaries in some areas. Brownback said his review of Roberts’ writings shows the nominee has judicial restraint.