Roberts Hearings and Plyler v. Doe

In the confirmation hearings of Judge John Roberts for Chief Justice of the Supreme Court, there has been criticism of the Court’s reliance of foreign law in its interpretation of the Constitution, which was a topic discussed in a fascinating recent New Yorker on Justice Kennedy. Judge Roberts disavowed Korematsu and sees the right to privacy (and perhaps the right to choose) as settled by precedent. But will any member of the Judiciary Committee ask him about his views on Plyler v. Doe? The position he took in a memorandum for then-Attorney General William French Smith criticized the Solicitor General for filing a brief siding with the state of Texas. The Mexican American Legal Defense and Education Fund cites Roberts’ position in this memorandum as one of its chief reasons for opposing his confirmation. http://www.maldef.org/news/press.cfm?ID=275&FromIndex=yes

Will any Senator mention the issue? Or will it be left to Anne Marie Tallman, head of MALDEF, to raise it in her testimony?