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February 17, 2003

Quoting Ginsburg: From Justice Ginsburg's

Quoting Ginsburg:

From Justice Ginsburg's dissent in Republican Party of Minnesota v. White:

In the context of the federal system, how a prospective nominee for the bench would resolve particular contentious issues would certainly be “of interest” to the President and the Senate in the exercise of their respective nomination and confirmation powers, [b]ut in accord with a longstanding norm, every Member of this Court declined to furnish such information to the Senate, and presumably to the President as well. [S]urely the Court perceives no tension here; the line each of us drew in response to preconfirmation questioning, the Court would no doubt agree, is crucial to the health of the Federal Judiciary. [T]he federal norm simply illustrates that, contrary to the Court’s suggestion, there is nothing inherently incongruous in depriving those charged with choosing judges of certain information they might desire during the selection process.



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