Sen. Chuck Schumer (D- NY) has said that anytime Supreme Court nominee Neil Gorsuch defers answering a question because “it might jeopardize his rulings in future cases” he will see that “as a way of hiding his views from the American people.”
Which would be fine, if Schumer held all Supreme Court nominees to the same standard.
Nominees deferring from answering certain questions about specific and hypothetical cases that may come before the Supreme Court has been going on for some time, including during the Obama administration.
“I don't like making statements about what I think the court can do until I have experienced the process,” Sonia Sotomayor told senators during her confirmation hearing.
“It would be inappropriate for a nominee to talk about how she will rule on pending cases. Or on cases beyond that, that might come before the court in the future,” then-nominee Elena Kagan told senators during her confirmation hearing.
When asked about her thoughts on giving Miranda rights to terror suspects Kagan replied, “I'm reluctant to say how I would think about the question as an average everyday citizen because I might have to think about the question as a judge.”
Those are just a few examples of the times both Obama nominees deflected giving specific answers because of future concerns they felt it would have if/when they were to be confirmed as a Supreme Court Justice.
Of course, Schumer didn’t seem to have a problem with that...then.
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