Judge Barrett Invokes 'Ginsburg Rule' in Response to Sen. Feinstein's Hypothetical Questions

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Posted: Oct 13, 2020 10:55 AM
Judge Barrett Invokes 'Ginsburg Rule' in Response to Sen. Feinstein's Hypothetical Questions

Source: AP Photo/Patrick Semansky

The question and answer portion of Judge Amy Coney Barrett’s confirmation to the Supreme Court is underway before the Senate Judiciary Committee. 

Democrat ranking member Sen. Dianne Feinstein (D-CA) pressed Judge Barrett about hypothetical legal battles that she could be compelled to rule on if confirmed to the high court, including abortion, the Affordable Care Act (ACA) and campaign finance. Judge Barrett came prepared for “gotcha” questions from Democrat members of the committee, but declined to answer hypothetical questions.

Judge Barrett’s avoidance of hypotheticals mirrors the rule established by the late Justice Ruth Bader Ginsburg during her own confirmation. Justice Ginsburg famously said that it would be wrong to preview how she would rule on certain legislative cases before she was seated on the bench.

In response to hypothetical questions, Judge Barrett told Sen. Feinstein that the only commitment on her agenda is upholding the rule of law.

Follow our coverage of the second day of Judge Barrett’s confirmation here.