Now is a great time to revisit a historic moment in judicial history. When Ruth Bade Ginsburg was nominated to the Supreme Court in 1993, then Senator Joe Biden gave her some advice during the hearings which became known as the Ginsburg Rule.
The NTK Network explains:
What Is the Ginsburg Rule?
Americans will be hearing senators, members of the media, and political pundits reference the Ginsburg Rule a lot ahead of President Trump’s Supreme Court nominee Judge Brett Kavanaugh’s confirmation hearing.
So, what is the Ginsburg Rule?
The Ginsburg Rule is the common name for Canon 5 of the American Bar Association’s Model Code of Judicial Conduct, which “prohibits a candidate for judicial office from making statements that commit the candidate regarding cases, controversies or issues likely to come before the court.”
While serving as the chairman of the Senate Judiciary Committee, former Vice President Joe Biden invoked the Canon during the confirmations hearing for Supreme Court Justice Ruth Bader Ginsburg in 1993.
“I do think it’s appropriate to point out that, judge, you not only have a right to choose what you will and not answer, but in my view, you should not answer a question of what your view will be on an issue that clearly is going to come before the court,” Biden said.
Here’s the video:
Brett Kavanaugh, watch this:
Biden’s advice to Supreme Court Nominee Ginsburg To Not Answer Questions.
Known as “The Ginsburg Rule”
“In my view, you should not answer a question of what your view will be on an issue that clearly is going to come before the court,"
~ Biden 1993. pic.twitter.com/0No8QDPx6u
— 🇺🇸RespectTheAnthem🇺🇸 (@AnthemRespect) July 11, 2018
Kavanaugh should make good use of this in his confirmation hearing.