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

During 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:

Since then, “no previews, no forecasts, no hints” has been known as “the Ginsburg Rule.” Judge Amy Coney Barrett will likely follow it in her own confirmation hearings, as has virtually every nominee since Ginsburg, including John Roberts, Stephen Breyer, Samuel Alito, Sonia Sotomayor, and Elena Kagan. Some senators will likely still press Barrett on her views on past decisions, precedent, and other issues, of course.