A Quote by Jon Kyl

No judicial nomination should answer any question that is designed to reveal how the nominee will rule on any issue that could come before the court. — © Jon Kyl
No judicial nomination should answer any question that is designed to reveal how the nominee will rule on any issue that could come before the court.
It's something, since the nomination and confirmation hearings of Justice Ginsberg, that's really become kind of an unwritten rule, this "I can't answer a question if it's a potential issue that's going to come before me on the Supreme Court." I think that most senators have come to accept that as a very legitimate answer. They don't love it, they're not happy, but it is legitimate when you put it in that context.
My rule was I will not answer a question that attempts to project how I will rule in a case that might come before the court.
We have to respect that any nominee to the Supreme Court would have to defer any comments on any matters which are either before the court or very likely to be before the court.
Judicial excellence means that a Supreme Court justice must have a sense of the values from which our core of our political- economic system goes. In other words, we should not approve any nominee whose extreme judicial philosophy would undermine rights and liberties relied upon by all Americans.
Because judges may not issue advisory opinions, judicial nominees may not do so either, especially on issues likely to come before the court. That rule has always been honored.
We've always said a filibuster is not appropriate for judicial nominees. A filibuster is a legislative tool designed to extract compromises. A judicial nominee is a person. You can't take the arm or leg of a nominee.
Illinois Senator Paul Simon, once said "The test for a Supreme Court nominee is not where he stands on any one specific issue. The test is this: Will you use your power on the court to restrict freedom or expand it?"
Senator, my answer is that the independence and integrity of the Supreme Court requires that nominees before this committee for a position on that court not forecast, give predictions, give hints, about how they might rule in cases that might come before the Supreme Court,.
Any successful nominee should possess both the temperament to interpret the law and the wisdom to do so fairly. The next Supreme Court Justice should have a record of protecting individual rights and a strong willingness to put aside any political agenda.
When it comes to the Supreme Court, the American people have only two times when they have any input into how our Constitution is interpreted and who will have the privilege to do so.First, we elect a president who has the power to nominate justices to the Supreme Court.Second, the people, acting through their representatives in the Senate, have their say on whether the president's nominee should in fact be confirmed.
The obligation of any judge is to decide the case before the court, and the nature of the issue presented will largely determine the appropriate scope of the principle on which its decision should rest.
The Supreme Court had the choice not only which way to rule, pro- or anti-gay marriage rights, but also how they were going to rule. They could have ruled just federalism, saying, "This isn't a matter for federal; this isn't a federal issue at all. States should decide it." Or they could decide it on equal protection grounds and say that, "Gay discrimination is wrong."
Don't make your audience play Jeopardy. Giving your answer before asking the question puts your audience at a disadvantage. It will also reveal your biases. Make it clear what question you are trying to answer first. Then allow your audience to engage in answering the question too.
The Senate should consider a rule ensuring that every judicial nominee receives a vote by the Senate within 180 days of being nominated by the president.
In 1987, I had my first opportunity to provide 'advice and consent' on a Supreme Court nominee. At that time, I stated that the qualifications essential for evaluating a nominee for the bench included 'integrity, character, legal competence and ability, experience, and philosophy and judicial temperament.' On that test, Elena Kagan fails.
I would never filibuster any President’s judicial nominee, period. I might vote against them, but I will always see they came to a vote.
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