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Federal courts

2018

University of Georgia School of Law

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The ‘Ginsburg Rule’ Is Not An Excuse To Avoid Answering The Senate’S Questions, Lori A. Ringhand, Paul M. Collins Jr. Jul 2018

The ‘Ginsburg Rule’ Is Not An Excuse To Avoid Answering The Senate’S Questions, Lori A. Ringhand, Paul M. Collins Jr.

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An op-ed by Lori Ringhand and Paul M. Collins Jr. on Supreme Court nominees' unwillingness to provide answers on cases under the wrongly named "Ginsburg Rule." Nominees since the 1930s have balanced the competing needs of the Senate and the Judiciary by claiming a privilege to not opine on currently contested cases while freely offering their opinion about cases that used to be controversial but are no longer.