Barrett declines to answer question on gay marriage, citing ‘Ginsburg Rule’
During the second day of her Supreme Court confirmation hearings, Amy Coney Barrett declined to answer a question from Sen. Dianne Feinstein about whether she agreed with the late Justice Antonin Scalia’s view of gay marriage, citing the late Justice Ruth Bader Ginsburg about not revealing her opinion how she might rule on court cases.
Video Transcript
DIANNE FEINSTEIN: Now you said in your acceptance speech for this nomination that Justice Scalia's philosophy is your philosophy. Do you agree with this particular point of Justice Scalia's view-- that the US Constitution does not afford gay people the fundamental right to marry?
AMY CONEY BARRETT: Sen. Feinstein, as I said to Senator Graham at the outset, if I were confirmed you would be getting Justice Barrett, not Justice Scalia. So I don't think that anybody should assume that just because Justice Scalia decided a decision a certain way, that I would, too. But I'm not going to express a view on whether I agree or disagree with Justice Scalia, for the same reasons that I've been giving.
Now Justice Ginsburg, with her characteristic pickiness, used this way-- this to describe how a nominee should comport herself at a hearing. No hints, no previews, no forecasts. That had been the practice of nominees before her, but everybody calls it the Ginsburg rule because she stated it so concisely. And it's been the practice of every nominee since. So I can't-- and I'm sorry to not be able to embrace or disavow Justice Scalia's position-- but I really can't do that on any point of law.
