Kavanaugh quotes the "Ginsburg Rule" by refusing some questions during the confirmation hearing: what is it?



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During Wednesday's Supreme Court confirmation hearing, Brett Kavanaugh warned he would not answer some hypothetical questions from lawmakers, citing the "Ginsburg rule".

Kavanaugh said he had studied the past hearings of Supreme Court candidates, including those of the current eight judges, and how they had reacted when asked about specific cases. He cited in particular Judge Ruth Bader Ginsburg, who at her confirmation hearing in 1993 stated that she would be wrong to "see in this House how I would vote on matters that the Supreme Court might be asked to consider. pronounce ". which has since been dubbed the "Ginsburg Rule".

Kavanaugh told lawmakers that by honoring this "previous candidate," he will not give "any clue, foresight, or insight" at the hearings – with the possible exception of questions regarding older cases.

He also quoted Judge Elena Kagan, saying she was opposed to giving a "thumbs-up or thumb on a case".

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During an interrogation by Senator Dianne Feinstein, D-Calif., Kavanaugh declined to answer a question on whether a president should be required to respond to a summons.

"So, it's a hypothetical question about what would be an elaboration or a difference from US v. NixonAnd I think going with the principle of Ginsburg justice – which is really not the only principle of Judge Ginsburg; it's everyone's principle on the current Supreme Court – and, with respect to judicial independence, I can not answer that hypothetical question, "said Kavanaugh.

Kavanaugh has often rented US v. Nixon, a landmark Supreme Court decision that required the then president, Richard Nixon, to submit to a summons from a special prosecutor seeking cassettes and documents related to the Watergate scandal.

When Feinstein insisted, Kavanaugh again stated that he did not want to "give my opinion on a potential hypothesis" because "each of the eight judges currently sitting on the Supreme Court refused to decide on potential hypothetical cases. "

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Kavanaugh maintained that he had not been questioned about how he would rule on certain cases, in particular Roe v. Wadebefore his appointment

This is the second day of Kavanaugh's confirmation hearing and the first day when members of the Senate Judiciary Committee can ask the judge questions. The controversial hearing was marked by numerous protests – from both the audience and the Democratic senators who spent much of the first day asking for a postponement of the hearing.

Associated Press contributed to this report.

Kaitlyn Schallhorn is a reporter for Fox News. Follow her on Twitter: @K_Schallhorn.

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