Senate Democrats Forgot the Ginsburg Rule

Press Releases · Oct 13, 2020

Washington, DC—Heritage Action for America today issued a statement from Executive Director Jessica Anderson on attempts by the Left to force Judge Amy Coney Barrett to give positions on several policy issues.

For decades, Supreme Court hearings have followed what has become known as the "Ginsburg Rule." Justice Ginsburg famously stated in her 1993 hearings that a nominee "can offer no forecasts, no hints" on future rulings. Today, Senate Democrats threw the Ginsburg rule out the window in a show of disrespect for the judicial process and the American people. They repeatedly pressed Judge Barrett to state how she would rule on future cases surrounding the Affordable Care Act, Roe v Wade or Heller.

The Left’s attempts to convince Americans that Judge Barrett would repeal their health coverage in particular are a scare tactic used in an attempt to distract from this week’s confirmation hearings about the jurisprudence of a potential ninth justice.

As Judge Barrett has made abundantly clear, she will not legislate from the bench nor use the bench to push her own policy positions. It would be inappropriate for Judge Barrett to adopt any particular policy position, but that doesn’t matter to the Left. They have no real argument against Judge Barrett’s qualifications, so they are attacking her for refusing to promise to uphold their failed policies. The American people see this for the desperate, last-ditch effort it is.