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[quote=Anonymous][quote=Anonymous]I am having trouble understanding what Barrett actually is and isn't allowed to say. The responses from the media, senators, and DCUM are entirely partisan.

Full disclosure, I am against her confirmation due to the timing and the precedent established by Republican senators  when Obama nominated Garland. And I don't kid myself about the reasons she was picked. But, given that this is indeed happening, I'd like to have some objective way to evaluate her answers (or lack there of). Is this too complicated a question to answer?? [/quote]

It's a good question.  I do think that it's correct for her not to give her opinion in detail on an issue that is currently before the Court or likely to be there shortly.  In that case, it is improper for a judge to basically issue a judgment before all the facts & arguments are before her in the actual case.  But since the process has become so politicized (on each side, bipartisan) the Senators ask all sorts of electioneering questions that don't really have to do with a case.  (Like her beliefs about global warming.)  For those, I can understand why an appointee (again bipartisan) might want to withhold an answer, although it's not on the same grounds as not announcing an opinion a specific case that might come before her.

What I wish there were more of was thoughtful questioning on actual jurisprudence.  Like, how exactly do you justify originalism and textualism? There were MANY critiques of Scalia's opinion in Heller - why not talk about those?  How about her philosophy of when appellate judges actually do have to substitute their own opinion for facts (such as motions where they have to put themselves in the shoes of a "reasonable" jury?) How does she do that?  What is her view on overruling legislation and regulations - how does she see the courts role in the balance of power there?  [/quote]

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