NO HINTS, NO FORECASTS, NO PREVIEWS.
Julio Gonzalez, M.D., J.D.
Do you think that the Constitution grants the President of the United States the authority to delay an election?
This was the question posed to Judge Amy Coney Barrett by Senator Diane "the dogma lives loudly within you" Feinstein during the former's confirmation hearing on Tuesday. Now, if you're like me, when faced with such a question, you immediately grasp for an answer. You reference constitutional law, considerations regarding the separation of powers, the role of the President of the United States, the oppressive state of King George III, statutory law, and case precedent. Naturally, you try to convince your inquirer of the soundness of your argument and why he or she should be immediately subscribe to your viewpoint because of the correctness and wisdom of your opinion.
But that's not what Judge Barrett did. Instead, Judge Barrett, much to Senator Feinstein's chagrin, did not answer the question, citing the rule pithily expressed by then Judge Ruth Bader Ginsburg during her 1993 confirmation hearing: "no hints, no forecasts, no previews."
In her defense, Judge Barrett cited Canon 5 of the Code of Conduct for United States Judges, an oft-cited rule of comport during confirmation hearings. This rule has been interpreted to mean that a judge is not to give any indication on his or her position on an issue of policy, particularly one that could appear before her in a case. Elaborating on the importance of this rule, Judge Barrett spoke about maintaining the independence of the judiciary and how her legal decisions were not dictated by her own prefabricated opinions, but by the conclusions she would reach regarding the law after hearing arguments from both sides. At one point, Judge Barrett explained to Senator Feinstein that if she answered one way or the other, her answer could trigger litigants to engage in legal actions simply based on what they heard her say. It was a schooling on remedial law that left her shining as bright as a supernova and the bumbling Democrats scrambling for cover.
Despite shellacking she handed the them, I predict we will witness more of the same tomorrow, which leaves me with only one request.
Could you please pass me the popcorn?
Dr. Julio Gonzalez is an orthopaedic surgeon and lawyer living in Venice, Florida. He served in the Florida House of Representatives. He is the author of numerous books including The Federalist Pages, The Case for Free Market Healthcare, and Coronalessons. He is available for appearances and book signings, and can be reached through www.thefederalistpages.com.
Dr. Julio Gonzalez is an orthopedic surgeon living in Florida. He is a lawyer, author, and former member of the Florida House of Representatives. He is available for speaking engagements at firstname.lastname@example.org