King of Zembla: No Questions Asked

1.) In an interesting column on changing judicial interpretations of the commerce clause, John Dean discusses the so-called "Ginsburg rule," which right-wingers have recently invoked in arguing that Supreme Court nominee John Roberts should not be compelled to answer questions about specific issues. The only problem is, the Ginsburg rule has no basis in law or the code of judicial conduct. Joe Biden pulled it out of his ass:

in 1993, when Senator Joseph Biden of Delaware chaired confirmation hearings for Supreme Court nominee Ruth Bader Ginsburg, Biden instructed his committee colleagues not to ask questions about "how [Judge Ginsburg] will decide any specific case that may come before her."

Judge Ginsburg - who was then on the DC Circuit Court of Appeals, just as Judge Roberts is today -- refused to answer a number of questions about matters she believed would come before her as a Supreme Court Justice. She was confirmed by a vote of 93 to 3 . . . .

Senator Biden based his position on, and Judge Ginsburg found her shelter in, Canon 5 of the American Bar Association's Model Code For Judicial Conduct. Canon 5(d)(i) states: A candidate for a judicial office (a "Candidate" is defined as a person seeking selection for judicial appointment) shall not: with respect to cases, controversies, or issues that are likely to come before the court, make pledges, promises or commitments that are inconsistent with the impartial performance of the adjudicative duties of the office.