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Old 07-08-2018, 03:29 PM
 
501 posts, read 303,807 times
Reputation: 245

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Any Supreme Court nominee would be well advised to answer in this manner to any questions during the confirmation hearings about how he/she would decide any particular question.

"You are well aware that I come to this proceeding to be judged as a judge, not as an advocate. 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 system are bound to decide concrete cases, not abstract issues. Each case comes to court based on particular facts and its decision should turn on those facts and the governing 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."


In case you're wondering who said that - that's Ruth Bader Ginsburg, during her confirmation hearing.

 
Old 07-08-2018, 07:01 PM
 
33,387 posts, read 34,863,645 times
Reputation: 20030
if it were me, i would have been more succinct saying i have no idea how i would rule in any case not having seen any evidence, listened to any testimony, or heard any arguments on the subject. to do otherwise would be in fact a violation of judicial ethics.
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