On the recordApril 4, 2017
Mr. President, I have several of my colleagues on this side of the aisle who want to speak, but I just want to take a minute and a half or so to clarify some things I have heard from the other side that need to be counteracted. First of all, I don't know whether they mentioned the term ``Ginsburg rule,'' but we do have this Ginsburg rule that was set out a long time ago when Judge Ginsburg came before the Senate for her confirmation. She said that you can't comment on things that might come before the Court because obviously you would be violating judicial ethics. Then I will comment on some things people have said about Brown v. Board of Education. The very fact that Judge Gorsuch has declined to offer his opinion on legal issues that are likely to come before the Supreme Court demonstrates what we should all expect of him: his judicial independence. That is what we expect of every judge. The judge's decision not to offer his opinion on issues that may come before him is consistent with judicial ethics rules and is consistent with what I have referred to already as the Ginsburg rule or the Ginsburg standard, which all Supreme Court nominees in recent memory have followed. As Justice Ginsburg said, commenting on these issues is not fair to parties who might come before the Court in future years. That is what Judge Gorsuch said as well.…





