A Vanity Fair writer is trying to suggest Judge Amy Coney Barrett could possibly see “a scenario in which abortion should be punishable by death” because the Supreme Court nominee did what any fair-minded judge should do and refuse to answer how she would rule in hypotheticals.
Vanity Fair’s Bess Levin called Barrett’s refusal to say how she would rule in hypothetical cases before any slightly similar case came before her a “schtick,” even though just about every previous Supreme Court nominee has said something similar. Barrett even quoted Supreme Court Justice Elena Kagan’s confirmation hearings in which she said the same. Kagan’s refusal to answer hypotheticals was based on former Supreme Court Justice Ruth Bader Ginsburg’s own statement from her 1993 confirmation hearings, in which she said during her opening statement that a nominee should give “no hints, no previews, no forecasts” about legal issues they might face before the court. Of course, Ginsburg didn’t strictly adhere to that “rule,” offering hints, previews, and forecasts as to how she would rule on numerous hot-button issues including abortion.


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