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Tuesday, July 19, 2005

The Ginsburg Rule

Republicans have already been using what has potential to be a powerful rhetorial device.

During then-D.C. Judge Ginsburg's confirmation hearings, she refused to answer questions on specific cases or controversies that she might have to resolve as a Supreme Court Justice. Tonight, Senator Charles Schumer said that he will demand that Judge Roberts answer questions on specific cases. Senate Republicans are arguing that Judge Roberts cannot - and should not - answer any such questions.

They're relying on Justice Ginsburg's refusal to answer questions as authority for Roberts to evade or refuse to answer certain questions. And they're calling this The Ginsburg Rule. Brilliant.


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