Bench Memos

Ginsburg and the Ginsburg Standard

Senator Schumer and others on the Left are now feverishly trying to establish that Ruth Bader Ginsburg in her confirmation hearing did not in fact faithfully and consistently adhere to her stated rule of providing “no hints, no forecasts, no previews” about any issues that might come before the Court. This effort is amusingly beside the point. There is little or no point in parsing the counterexamples that Schumer and company provide, for, if true, they amount to an indictment of Ginsburg, not to an argument against the Ginsburg Standard. As Ginsburg declared in her opening statement at her confirmation hearing:

Because I am and hope to continue to be a judge, it would be wrong for me to say or to preview in this legislative chamber 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 civil are [sic] in our system are bound to decide concrete cases, not abstract issues. Each case comes to court based on particular facts, and its decisions should turn on those facts and the covering law stated and explained in light of the particular arguments the parties or their representatives present. A judge sworn to decide impartially can offer no forecasts, no hints, for that would show not only disregard for the specifics of the particular case; it would display disdain for the entire judicial process.

Most Popular

World

Trump’s Disgraceful Press Conference in Helsinki

On Monday, President Trump gave a deeply disgraceful press conference with Russian dictator Vladimir Putin. The presser began with Trump announcing that although the Russia–U.S. relationship has “never been worse than it is now,” all of that “changed as of about four hours ago.” It was downhill from ... Read More
Culture

Questions for Al Franken

1)Al, as you were posting on social media a list of proposed questions for Supreme Court nominee Brett Kavanaugh, did it occur to you that your opinion on the matter is no more relevant than Harvey Weinstein’s? 2) Al, is it appropriate for a disgraced former U.S. senator to use the Twitter cognomen “U.S. ... Read More
National Security & Defense

Trump’s Helsinki Discord

Donald Trump is not, and never will be, the Moscow correspondent for The Nation magazine, and he shouldn’t sound like it. The left-wing publication is prone to extend sympathetic understanding to adversaries of the United States and find some reason, any reason, to blame ourselves for their external ... Read More