A Quote by Ruth Bader Ginsburg
A judge sworn to decide impartially can offer no forecasts, no hints, for that would show not only disregard for the specifics of the particular case, it would display disdain for the entire judicial process.
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You can understand why the original framers of judicial ethics thought it would be undignified and would call into question the legitimacy of the judicial decision-making process to have mudslinging by judges, but the way that we hobble people of enormous integrity from defending themselves is, I think, deeply problematic in states where you have an elected judiciary, or a judge is subject to recall.
I certainly would not vote against a particular judge already in office because of a decision in a case. You may not agree with a judge's decision, but the judge must act within the law.
Everyone knows that due process means judicial process, and when John Brennan brings him a list of people to be killed this particular week, that's not due process. That's certainly not judicial process. So there's the fifth amendment. Not even George Bush claimed the right to kill American citizens without due process.
It is hard to see Judge Roberts as a judicial activist who would place ideological purity or a particular agenda above or ahead the need for thoughtful legal reasoning.
When I became a judge, I stopped being a practicing attorney. And that was a big change in role.The role of a practicing attorney is to achieve a desirable result for the client in the particular case at hand. But a judge can't think that way. A judge can't have any agenda, a judge can't have any preferred outcome in any particular case and a judge certainly doesn't have a client.
When Judge Ruth Bader Ginsburg was before us in 1993, she said that her standard was to give no hints, no forecasts, no previews, and declined to answer dozens of questions.
We should evaluate judges and judicial nominees based on the general process for applying the law to any legal disputes, not on the specific result in a particular case or dispute.
When I was sworn in as a judge of the court of appeals, I took an oath. I put my hand on the Bible and I swore that I would administer justice without respect to persons, that I would do equal right to the poor and to the rich, and that I would carry out my duties under the Constitution and the laws of the United States.
Audiences, whether they're seeing a film or a reading or whatever it is, a concert, they decide very quickly what kind of show it is, and then they judge it. They judge the rest of the thing by whether it conforms to their rules for what a good symphony orchestra would be.
Four things belong to a judge: to hear courteously, to answer wisely, to consider soberly, and to decide impartially.
Judge Samuel Alito, millions of Americans are concerned about your nomination. They're worried that you would be a judicial activist who would restrict our rights and freedoms.
He was a first-time nonviolent possible offender, ... And under the mandatory minimums, he was put in prison for 15 years. Not only does the punishment not fit the crime, but the mandatory minimums don't give judges any discretion to look at the background of the case, to read into the specifics of the case. I don't know a judge who really is in favor of the mandatory minimums.
Scorecards are common in the political process, but they are inappropriate in the judicial process. The most important tools in the judicial confirmation process are not litmus paper and a calculator.
The confidentiality of the judicial process would not matter greatly to an understanding and evaluation of the legal system if the consequences of judicial behavior could be readily determined. If you can determine the ripeness of a cantaloupe by squeezing or smelling it, you don't have to worry about the produce clerk's mental processes.
I would say it would be worth it if, in fact, it would - if you could demonstrate that that would be the case and that the results and ramifications around the world wouldn't lead to more problems and more people dying. It's a very complex issue, and that's why I think we need to decide it.
One way to determine if a view is inadequate is to check its consequences in particular cases, sometimes extreme ones, but if someone always decided what the result should be in any case by applying the given view itself, this would preclude discovering it did not correctly fit the case. Readers who hold they would plug in to the machine should notice whether their first impulse was not to do so, followed later by the thought that since only experiences could matter, the machine would be all right after all.
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