Ruth Bader Ginsburg

Justice Ruth Joan Bader Ginsburg (born March 15, 1933) is a United States jurist. Since 1993, she has served as an Associate Justice on the U.S. Supreme Court. She is considered to be part of the "liberal wing" in the current court.

"Ginsburg Precedent"

Over a decade passed between the time Ginsburg and Stephen Breyer were appointed and the time another justice left the court. In that time, both Congress and the White House had switched to Republican control. When Sandra Day O'Connor retired in summer 2005 (with William Rehnquist dying a few months later), both sides began to squabble about just how many questions President George W. Bush's nominees would be expected to answer. The debate heated up when hearings for John Roberts began in September 2005. Republicans used an argument known as the "Ginsburg Precedent", which centered on Ginsburg's confirmation hearings. In those hearings, she did not answer some questions involving matters such as abortion, gay rights, separation of church and state, rights of the disabled, and so on. Only one witness was allowed to testify against Ginsburg at her confirmation hearings, and the hearings only lasted four days. They also pointed out then-Judiciary Committee Chairman Joe Biden told her to not answer questions she did not feel comfortable answering.

Related Topics:
Stephen Breyer - Sandra Day O'Connor - 2005 - William Rehnquist - George W. Bush - John Roberts - Abortion - Gay rights - Joe Biden

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Democrats argued that she made her views very clear, even if she did not comment on all specific matters, and that due to her lengthy tenure as a judge, many of her legal opinions were already available for review. Democrats also pointed out that Republican senator Orrin Hatch had recommended Ginsburg to then-President Clinton, which suggested Clinton worked in a bipartisan manner.

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During the Roberts confirmation hearings, Biden, Hatch, and Roberts himself brought up Ginsburg's hearings several times as they argued over how many questions she answered and how many Roberts was expected to answer. The "precedent" will likely come up in the hearings for Harriet Miers and possibly other future replacements.

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In a September 28, 2005 speech at Wake Forest University Ginsburg said that refusing to answer questions on some cases was "unquestionably right." http://www.the-dispatch.com/apps/pbcs.dll/article?AID=/20050928/APN/509281240&cachetime=5

Related Topics:
September 28 - 2005 - Wake Forest University

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