Why Judge Barrett Doesn’t Know Whether She Would Overturn Precedent

Judge Amy Coney Barrett attends a meeting with Sen. Kevin Cramer (R-ND) on Capitol Hill, October 1, 2020. (Erin Scott/Pool/via Reuters)
Nominees to the Supreme Court have plenty of good reasons not to opine on legal issues that could come before the Court in the future.

NRPLUS MEMBER ARTICLE D uring then-Judge Ruth Bader Ginsburg’s confirmation hearings before the Senate Judiciary Committee in July 1993, she told the Committee why she could not “preview” her views on “questions” that might come before the Court:

It would be wrong for me to say or preview . . . how I would cast my vote on questions the Supreme Court may be called upon to decide. Were I to rehearse here what I would say and how I would reason on such questions, I would act injudiciously. Judges in our system are bound to decide concrete cases, not abstract issues; each case is based

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