I figured it out!

I've been listening to some of the confirmation hearing on wnyc and have finally figured out what a ridiculous theatrical performance this all is. There's almost no reason to have these things. Unless someone really screws up and gets borked, there's little chance that they won't end up being nominated. They can choose not to answer any question. It really IS a litmus test, but the test is just seeing what questions someone is dumb enough to answer. It's all such a farce. And it looks like Roberts is smart enough to not answer the right questions.
Q: "Are you an idiot?"
A: "I don't need to answer that."
Q: "Well, he's smart enough to know not to answer... Congratultions! You're in. Now go ban abortion and help out some corporations!"