THE GINSBURG STANDARD

Like then-Judge Ruth Bader Ginsburg when she was nominated in 1993, Judge Barrett should decline to answer any questions about issues that may come before her on the Supreme Court. /1

Ginsburg famously said that a “judge sworn to decide impartially can offer no forecasts, no hints,” about how she would rule on a case, “for that would show not only disregard for the specifics of the particular case, it would display disdain for the entire judicial process.” /2

Since then, *every* Supreme Court nominee has applied what has become known as the “Ginsburg Standard.” /3

In fact, that has been the norm for virtually the entire period nominees have appeared before the Senate Judiciary Committee. /4

For example, Felix Frankfurter in 1939:

“I should think it improper for a nominee no less than for a member of the court to express his personal views on controversial political issues affecting the court.” /5

Judge Barrett is correctly observing the same standard and following judicial canons in the process. /6