Sasse raises the ‘Ginsburg rule’
The Ginsburg rule, named for the late Justice Ruth Bader Ginsburg who famously deflected senators' questions when asked at her confirmation hearings how she would rule on a hypothetical case, follows the thinking that justices shouldn’t hint at how they would rule because they should be open-minded when an actual case comes before them.
Sen. Ben Sasse, R-Neb., said in his opening statement that despite the Ginsburg rule, Jackson should be able to answer in detail questions about her own judicial philosophy -- and how she goes about deciding a case.
"It's incredibly important for a judge to tell us how she or he works out those principles in times that are new and confusing," Sasse said. "Unfortunately, too many of the court's decisions do not rest on solid constitutional foundations and reliable legal reasoning. Justices have too often written decisions to claim partisan policy victories and then retrofit bad legal or decision-making to justify that ruling."

"It’s for that reason that, while we should all respect the Ginsburg rule, the idea that judges sitting before this panel should not weigh in on hypothetical cases likely to come before the court, nominees do, nonetheless, have a duty to be very clear about their judicial philosophy, their legal views and interpretive principles," he continued. "The American people should not be asked to consent to any nominee who operates on principles that are obscure, confused or concealed."
-ABC News' Trish Turner









