Comments on: Retire the Ginsburg Rule: It is Time To Put Content Back Into Confirmation Hearings http://jonathanturley.org/2009/07/16/retire-the-ginsburg-rule-it-is-time-to-put-content-back-into-confirmation-hearings/ Res ipsa loquitur ("The thing itself speaks") Tue, 24 Nov 2009 07:51:32 +0000 http://wordpress.com/ hourly 1 By: Mike Spindell http://jonathanturley.org/2009/07/16/retire-the-ginsburg-rule-it-is-time-to-put-content-back-into-confirmation-hearings/#comment-68375 Mike Spindell Sat, 18 Jul 2009 15:07:19 +0000 http://jonathanturley.org/?p=12825#comment-68375 eniobob, Thank you for that link. It is terrible that Democrats have been so bludgeoned over the years that they fail to articulate their principles and the reasons for them. I was also disgusted that because of the clubby Senate atmosphere, not one Democrat made a forceful protest of the fact that Judge Sotomayor's questioning, by particularly Sessions and Cornyn, was flat out bigotry. eniobob,
Thank you for that link. It is terrible that Democrats have been so bludgeoned over the years that they fail to articulate their principles and the reasons for them. I was also disgusted that because of the clubby Senate atmosphere, not one Democrat made a forceful protest of the fact that Judge Sotomayor’s questioning, by particularly Sessions and Cornyn, was flat out bigotry.

]]> By: eniobob http://jonathanturley.org/2009/07/16/retire-the-ginsburg-rule-it-is-time-to-put-content-back-into-confirmation-hearings/#comment-68346 eniobob Sat, 18 Jul 2009 13:06:54 +0000 http://jonathanturley.org/?p=12825#comment-68346 "Dahlia Lithwick wrote a piece for Slate a couple of days ago, and then went on Rachel Maddow’s show to emphasize a point that I fear too few others have made this week" http://firedoglake.com/2009/07/17/late-night-elephants-on-parade-15/ “Dahlia Lithwick wrote a piece for Slate a couple of days ago, and then went on Rachel Maddow’s show to emphasize a point that I fear too few others have made this week”

http://firedoglake.com/2009/07/17/late-night-elephants-on-parade-15/

]]> By: Wayne http://jonathanturley.org/2009/07/16/retire-the-ginsburg-rule-it-is-time-to-put-content-back-into-confirmation-hearings/#comment-68234 Wayne Fri, 17 Jul 2009 15:54:33 +0000 http://jonathanturley.org/?p=12825#comment-68234 Prof. exactly which planet do you live on??? You actually want them to express their personal opinions? Have you noticed what a disaster ensues when a legislator expresses his/her opinions on important issues? I've give you an example: How terrifying is it when a member of the legislature mentions that the Earth is 6000 years old? Good grief. Prof. exactly which planet do you live on??? You actually want them to express their personal opinions? Have you noticed what a disaster ensues when a legislator expresses his/her opinions on important issues? I’ve give you an example: How terrifying is it when a member of the legislature mentions that the Earth is 6000 years old?
Good grief.

]]> By: mespo727272 http://jonathanturley.org/2009/07/16/retire-the-ginsburg-rule-it-is-time-to-put-content-back-into-confirmation-hearings/#comment-68137 mespo727272 Fri, 17 Jul 2009 02:25:29 +0000 http://jonathanturley.org/?p=12825#comment-68137 "Mespo: The Three Stooges and the Apostle John — not bad for a morning’s work." *********** I'm working on a comment marrying Karl Rove, Dumbo, and the Marx Brothers' "Animal Crackers" in one big knot. It's really too easy! Here's a sample: "Capt. Spaulding: [to Mrs. Rittenhouse and Mrs. Whitehead] Let's get married. Mrs. Whitehead: All of us? Capt. Spaulding: All of us. Mrs. Whitehead: Why, that's bigamy. Capt. Spaulding: Yes, and it's big of me too." “Mespo:

The Three Stooges and the Apostle John — not bad for a morning’s work.”

***********

I’m working on a comment marrying Karl Rove, Dumbo, and the Marx Brothers’ “Animal Crackers” in one big knot. It’s really too easy!

Here’s a sample:

“Capt. Spaulding: [to Mrs. Rittenhouse and Mrs. Whitehead] Let’s get married.
Mrs. Whitehead: All of us?
Capt. Spaulding: All of us.
Mrs. Whitehead: Why, that’s bigamy.
Capt. Spaulding: Yes, and it’s big of me too.”

]]> By: Mike Appleton http://jonathanturley.org/2009/07/16/retire-the-ginsburg-rule-it-is-time-to-put-content-back-into-confirmation-hearings/#comment-68104 Mike Appleton Thu, 16 Jul 2009 23:21:42 +0000 http://jonathanturley.org/?p=12825#comment-68104 I agree that the Ginsburg rule is an abomination. A person proposed for Secretary of the Treasury, for example, can be thoroughly grilled on all aspects of fiscal and monetary policy, but Supreme Court nominees are basically subjected to partisan dog and pony shows. Part of the problem is that cabinet appointments are inherently political positions. Politicians know how to ask political questions and confirmation hearings in those instances can be used to air important policy disagreements. When a judicial appointment is up for confirmation, committee members often appear out of their depth. For example, "Do you agree with Roe v. Wade?" is a stupid question. But when have you ever heard a committee member ask a judicial candidate his or her views on the scope and extent of the right to privacy? Prof. Turley's column nails it. I agree that the Ginsburg rule is an abomination. A person proposed for Secretary of the Treasury, for example, can be thoroughly grilled on all aspects of fiscal and monetary policy, but Supreme Court nominees are basically subjected to partisan dog and pony shows.

Part of the problem is that cabinet appointments are inherently political positions. Politicians know how to ask political questions and confirmation hearings in those instances can be used to air important policy disagreements. When a judicial appointment is up for confirmation, committee members often appear out of their depth. For example, “Do you agree with Roe v. Wade?” is a stupid question. But when have you ever heard a committee member ask a judicial candidate his or her views on the scope and extent of the right to privacy?

Prof. Turley’s column nails it.

]]> By: Patty C http://jonathanturley.org/2009/07/16/retire-the-ginsburg-rule-it-is-time-to-put-content-back-into-confirmation-hearings/#comment-68042 Patty C Thu, 16 Jul 2009 18:24:50 +0000 http://jonathanturley.org/?p=12825#comment-68042 jonathanturley 1, July 16, 2009 at 10:26 am Mespo: The Three Stooges and the Apostle John — not bad for a morning’s work. -- mespo, You're a master at your art - effortlessly seamless! jonathanturley 1, July 16, 2009 at 10:26 am

Mespo:

The Three Stooges and the Apostle John — not bad for a morning’s work.
–
mespo,

You’re a master at your art – effortlessly seamless!

]]> By: Mike Spindell http://jonathanturley.org/2009/07/16/retire-the-ginsburg-rule-it-is-time-to-put-content-back-into-confirmation-hearings/#comment-68032 Mike Spindell Thu, 16 Jul 2009 17:27:19 +0000 http://jonathanturley.org/?p=12825#comment-68032 The Law of Unintended consequences always reigns supreme. The Ginzburg thesis was wrong when the Democrats were in charge and came back to bite them when the Republican's gained power. Imagine an inability to question a man like Robert Bork on his judicial outlook. These hearings sicken me in another way also and that is the "Men's Club" attitude in the senate of not questioning each others integrity. What I heard from both Sessions and Cornyn was blatantly racist, "Splain me" indeed, and yet not one of their colleagues called them on it. While Judge Sotomayor is a little too centrist for my taste, her ability to handle the most bigoted questioning with patience and aplomb did credit to her. The Law of Unintended consequences always reigns supreme. The Ginzburg thesis was wrong when the Democrats were in charge and came back to bite them when the Republican’s gained power. Imagine an inability to question a man like Robert Bork on his judicial outlook. These hearings sicken me in another way also and that is the “Men’s Club” attitude in the senate of not questioning each others integrity. What I heard from both Sessions and Cornyn was blatantly racist, “Splain me” indeed, and yet not one of their colleagues called them on it. While Judge Sotomayor is a little too centrist for my taste, her ability to handle the most bigoted questioning with patience and aplomb did credit to her.

]]> By: bdaman http://jonathanturley.org/2009/07/16/retire-the-ginsburg-rule-it-is-time-to-put-content-back-into-confirmation-hearings/#comment-68018 bdaman Thu, 16 Jul 2009 16:12:00 +0000 http://jonathanturley.org/?p=12825#comment-68018 IS good point, I was thinking that if I was in that room that someone should thank Franken for bringing in humor to what has become a joke. I say confirm her and be done with it. I don't care what anybody says, she is a wise latina woman who in my opinion would make better decisions better than any white, black, green, yellow, blue faced person who thinks different. IS good point, I was thinking that if I was in that room that someone should thank Franken for bringing in humor to what has become a joke. I say confirm her and be done with it. I don’t care what anybody says, she is a wise latina woman who in my opinion would make better decisions better than any white, black, green, yellow, blue faced person who thinks different.

]]> By: Indentured Servant http://jonathanturley.org/2009/07/16/retire-the-ginsburg-rule-it-is-time-to-put-content-back-into-confirmation-hearings/#comment-68007 Indentured Servant Thu, 16 Jul 2009 15:10:10 +0000 http://jonathanturley.org/?p=12825#comment-68007 mespo72^3: "We’ve become a nation of “playing it safe,” in direct contravention of what we once were: settlers, immigrants, entrepreneurs, and leaders in all manner of things. Those occupations have little in common with “playing it safe.”" well said. we have become or are fast becoming a nation of non-thinking, non-risk taking, lazy people waiting for the government to feed, cloth and protect us from the extravagant manifestations of nature. So much for a people who came with nothing from all points of the compass and developed a civilization unmatched in human history. Nothing lasts forever and it is a pity that we have as a people, forgotten or rejected our beginnings and the sacrifices of our ancestors which left us with so much. We have denigrated their accomplishments by seeking the "warm" embrace of a "soft tyranny". mespo72^3:

“We’ve become a nation of “playing it safe,” in direct contravention of what we once were: settlers, immigrants, entrepreneurs, and leaders in all manner of things. Those occupations have little in common with “playing it safe.””

well said. we have become or are fast becoming a nation of non-thinking, non-risk taking, lazy people waiting for the government to feed, cloth and protect us from the extravagant manifestations of nature.

So much for a people who came with nothing from all points of the compass and developed a civilization unmatched in human history. Nothing lasts forever and it is a pity that we have as a people, forgotten or rejected our beginnings and the sacrifices of our ancestors which left us with so much. We have denigrated their accomplishments by seeking the “warm” embrace of a “soft tyranny”.

]]> By: Hank G http://jonathanturley.org/2009/07/16/retire-the-ginsburg-rule-it-is-time-to-put-content-back-into-confirmation-hearings/#comment-68006 Hank G Thu, 16 Jul 2009 15:04:11 +0000 http://jonathanturley.org/?p=12825#comment-68006 How can we get prospective Justices to answer real questions? There is a precedent now to give bland “I simply follow the law” answers. There doesn’t seem to be any downside to refusing to answer questions in a substantial way, and plenty of downside to being candid. Judge Bork was willing to engage in discussions with the Committee, and it certainly didn’t help him. What makes Ginsberg is responsible for this? She seems to be just one point in a continuum. Clarence Thomas, for example, refused to say whether he believed in a Constitutional right to abortion. He also claimed that he never even had a discussion about Roe v. Wade, despite being a law student at the time it was decided. I’m not claiming it started with Thomas either, just that Ginsberg was not the first to refuse to discuss legal questions. How can we get prospective Justices to answer real questions? There is a precedent now to give bland “I simply follow the law” answers.

There doesn’t seem to be any downside to refusing to answer questions in a substantial way, and plenty of downside to being candid. Judge Bork was willing to engage in discussions with the Committee, and it certainly didn’t help him.

What makes Ginsberg is responsible for this? She seems to be just one point in a continuum.

Clarence Thomas, for example, refused to say whether he believed in a Constitutional right to abortion. He also claimed that he never even had a discussion about Roe v. Wade, despite being a law student at the time it was decided. I’m not claiming it started with Thomas either, just that Ginsberg was not the first to refuse to discuss legal questions.

]]> By: Indentured Servant http://jonathanturley.org/2009/07/16/retire-the-ginsburg-rule-it-is-time-to-put-content-back-into-confirmation-hearings/#comment-68003 Indentured Servant Thu, 16 Jul 2009 14:47:19 +0000 http://jonathanturley.org/?p=12825#comment-68003 bdaman: Actually he makes more sense than most of them, at least with Franken he knows his question is ludicrous. bdaman:

Actually he makes more sense than most of them, at least with Franken he knows his question is ludicrous.

]]> By: jonathanturley http://jonathanturley.org/2009/07/16/retire-the-ginsburg-rule-it-is-time-to-put-content-back-into-confirmation-hearings/#comment-67997 jonathanturley Thu, 16 Jul 2009 14:26:21 +0000 http://jonathanturley.org/?p=12825#comment-67997 Mespo: The Three Stooges and the Apostle John -- not bad for a morning's work. Mespo:

The Three Stooges and the Apostle John — not bad for a morning’s work.

]]> By: mespo727272 http://jonathanturley.org/2009/07/16/retire-the-ginsburg-rule-it-is-time-to-put-content-back-into-confirmation-hearings/#comment-67981 mespo727272 Thu, 16 Jul 2009 13:54:00 +0000 http://jonathanturley.org/?p=12825#comment-67981 "A nominee’s legal philosophy is rather difficult to understand without discussing legal doctrines. It is like watching The Sound of Music without any of the musical numbers. One can certainly appreciate the acting, but you can hardly get a feel for the movie without the songs." ********************** I don't even appreciate the "acting" going on in that hearing room. It's a tad wooden and stilted for me, and there is little emotion or drama, but lots of humor, if you consider the utter foolishness emanating from Kyl, Sessions, and occasionally, Hatch. They're better than the Three Stooges. As for the Ginsburg Rule, I say ban it. Who says I can't ask an appointee where they stand on the legal issues of the day, and what arrogance it id to tell me they won't. Try that strategy on your next job interview. We've become a nation of "playing it safe," in direct contravention of what we once were: settlers, immigrants, entrepreneurs, and leaders in all manner of things. Those occupations have little in common with "playing it safe." It's almost Biblical irony: "He who loves his life, loses it." (JOHN 12:25). Now, it's he who plays it safe.... “A nominee’s legal philosophy is rather difficult to understand without discussing legal doctrines. It is like watching The Sound of Music without any of the musical numbers. One can certainly appreciate the acting, but you can hardly get a feel for the movie without the songs.”

**********************

I don’t even appreciate the “acting” going on in that hearing room. It’s a tad wooden and stilted for me, and there is little emotion or drama, but lots of humor, if you consider the utter foolishness emanating from Kyl, Sessions, and occasionally, Hatch. They’re better than the Three Stooges.

As for the Ginsburg Rule, I say ban it. Who says I can’t ask an appointee where they stand on the legal issues of the day, and what arrogance it id to tell me they won’t. Try that strategy on your next job interview. We’ve become a nation of “playing it safe,” in direct contravention of what we once were: settlers, immigrants, entrepreneurs, and leaders in all manner of things. Those occupations have little in common with “playing it safe.” It’s almost Biblical irony: “He who loves his life, loses it.” (JOHN 12:25). Now, it’s he who plays it safe….

]]> By: joe http://jonathanturley.org/2009/07/16/retire-the-ginsburg-rule-it-is-time-to-put-content-back-into-confirmation-hearings/#comment-67977 joe Thu, 16 Jul 2009 13:50:01 +0000 http://jonathanturley.org/?p=12825#comment-67977 ironically, "Change" of any kind seems unlikely under Obama. He has the whole congress and media behind him. Any changes to the system in the next couple of years will mostly benefit politicians and their favorite interest groups. ironically, “Change” of any kind seems unlikely under Obama. He has the whole congress and media behind him. Any changes to the system in the next couple of years will mostly benefit politicians and their favorite interest groups.

]]> By: bdaman http://jonathanturley.org/2009/07/16/retire-the-ginsburg-rule-it-is-time-to-put-content-back-into-confirmation-hearings/#comment-67933 bdaman Thu, 16 Jul 2009 10:56:09 +0000 http://jonathanturley.org/?p=12825#comment-67933 People in Minn. must be so proud to have Franken http://www.youtube.com/watch?v=SJNsfXtYgCY&eurl=http%3A%2F%2Fgatewaypundit%2Eblogspot%2Ecom%2F&feature=player_embedded People in Minn. must be so proud to have Franken

]]> By: Anonymously Yours http://jonathanturley.org/2009/07/16/retire-the-ginsburg-rule-it-is-time-to-put-content-back-into-confirmation-hearings/#comment-67930 Anonymously Yours Thu, 16 Jul 2009 10:12:50 +0000 http://jonathanturley.org/?p=12825#comment-67930 Well Professor Turley, How do we go about fixing the system when it is immune from doing what is correct in the first place? How many times have attorneys been forced to settle a case or face some abuse by the very same system we wish to protect? Yet reject when the system we are forced to deal with, is the system we complain of and yet work in. If Professors cannot have academic freedom, can we be free to mandate what we feel is right? Well Professor Turley,

How do we go about fixing the system when it is immune from doing what is correct in the first place?

How many times have attorneys been forced to settle a case or face some abuse by the very same system we wish to protect? Yet reject when the system we are forced to deal with, is the system we complain of and yet work in.

If Professors cannot have academic freedom, can we be free to mandate what we feel is right?

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