- This about sums it up: “The safest and surest route to the prize,” Elena Kagan wrote in a law review article in 1995 of Supreme Court confirmation hearings, according to the New York Times’s Adam Liptak, “lay in alternating platitudinous statement and judicious silence.”
Invoking the Ginsburg rule, Barrett stated she would provide “no hints, no forecasts, no previews,” as the late Justice Ruth Bader Ginsburg said during her 1993 confirmation hearing.
- “Justice Ginsburg’s favored technique took the form of a pincer movement,” Kagan wrote in her 1995 article about Ginsburg’s performance, according to Liptak. “If a question was too specific, she would decline to answer on the ground that she did not want to forecast a vote. If it was too general, she would say a judge should not deal in abstractions or hypothetical questions.”
Like many Republicans, Barrett even employed the commonly used, “I can’t really speak