Supreme Court nominee Amy Coney Barrett, on day two of her confirmation hearings, invoked Justice Ruth Bader Ginsburg and refused to discuss her view of gay rights and the Constitution.
“Justice Ginsburg with her characteristic pithiness used this to describe how a nominee should comport herself at a hearing. No hints, no previews, no forecasts. That had been the practice of nominees before her. But everybody calls it the Ginsburg rule because she stated it so concisely,” Barrett said of the woman whose seat she would take if confirmed.
Ruth Bader Ginsburg, 27 years ago had said, “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”. Ginsburg, known for her liberal views and a champion for gender equality, died last month and it was her dying wish that she be replaced only after the elections. President Donald Trump, however, seems to have rushed to fill Ginsburg’s spot and nominated Barrett in two weeks after Ginsburg’s death. Democrats have raised questions as to whether Barrett’s faith—Catholicism— will allow her to
“The decision whether or not to bear a child is central to a woman’s life, to her well-being and dignity. It is a decision she must make for herself. When Government controls that decision for her, she is being treated as less than a fully adult human responsible for her own choices,” Ginsburg said on abortion in 1993, shortly before the Senate voted to confirm her.
Barrett, who has signed ads opposing abortion and belonged to Notre Dame University’s Faculty for Life, refused to answer senators’ questions on Roe v. Wade, the landmark 1974 Supreme Court ruling that declared a woman’s right to an abortion.
Legal scholars, however, have argued that "Ginsburg rule" is a misnomer, as the late Supreme Court Justice has directly answered several questions on topics including abortion.
