Which to his enormous credit is what Chief Justice Roberts did, with fine discrimination and discretion. I so enjoyed listening to his testimony before the Judiciary Committee!
My husband old me (based on a source I didn't see) that the Chief Justice really "hit the ground running" WRT to the oral arguments in the Oregon "right-to-die" case now before the Court. B. said the "pro side's" attorney barely got three words out before Roberts started grilling him... "But isn't what you are arguing for already illegal?" Or words to that effect.... If B.'s report is accurate, then I think this would indicate that the Chief Justice is rather proactive. :^)
Of course, this doesn't tell us how Justice Roberts will finally rule on this case. It does tell us that he likes to get down to brass tacks right out of the gate.
I do look forward to the confirmation hearings with Miers but I do not expect her to break with the tradition of not discussing matters which may come before the court. She can however speak to judicial philosophy, the nature of her past work and the like.
IMHO, Roberts will be a difficult act to follow both in the confirmation hearings and as he tackled the first case to appear before his court. OTOH, no nominee should be expected to "perform" as well as the Chief Justice - but there are many who have developed such a personal hatred towards her that they no doubt will do so.
The good news is that she is Christian and thus Christ is in her and no weapon formed against her will prosper. May His will be done.