General Discussion

intrepidity

(7,380 posts) Sun Apr 28, 2024, 02:49 PM Apr 28

So why are hypotheticals not ok during SCOTUS confirmation hearings

But are perfectly fine during arguments before (and by) them?

Seems that the hypotheticals play a much more important role during the vetting process to see whether one should be seated.

6 replies

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Highlight:

So why are hypotheticals not ok during SCOTUS confirmation hearings (Original Post) intrepidity Apr 28 OP

Because hypotheticals may reveal biases during the confirmation process. And right-wingers need to hide that unblock Apr 28 #1

Hypotheticals are ok! Bobstandard Apr 28 #2

Because the justices are ASKING the hypotheticals in court Ms. Toad Apr 28 #3

K&R UTUSN Apr 28 #4

Hypothetical are ok in confirmation hearings. former9thward Apr 28 #5

Aren't they supposed to rule on the case in front of them? kentuck Apr 29 #6

unblock

(52,502 posts)

1. Because hypotheticals may reveal biases during the confirmation process. And right-wingers need to hide that

Reply to intrepidity (Original post)

Sun Apr 28, 2024, 03:08 PM

Apr 28

Bobstandard

(1,335 posts)

2. Hypotheticals are ok!

Reply to intrepidity (Original post)

Sun Apr 28, 2024, 06:31 PM

Apr 28

It just as poster above says, the right wingers just don’t want to address them. Their real opinions would lose them confirmation votes.

Ms. Toad

(34,127 posts)

3. Because the justices are ASKING the hypotheticals in court

Reply to intrepidity (Original post)

Sun Apr 28, 2024, 10:22 PM

Apr 28

Not being expected to answer them.

It is the attorneys ethical responsibility to advocate for their clients, by answering hypotheticals in the way that best serves their client. They are supposed to be biased.

Justices are not. It is their ethical responsibility NOT to state opinions on masters they might later be expected to rule on.

UTUSN

(70,793 posts)

4. K&R

Reply to intrepidity (Original post)

Sun Apr 28, 2024, 10:37 PM

Apr 28

former9thward

(32,165 posts)

5. Hypothetical are ok in confirmation hearings.

Reply to intrepidity (Original post)

Sun Apr 28, 2024, 10:50 PM

Apr 28

A senator can ask whatever they want. In the modern era confirmations have turned into a series of gotcha questions against the nominee by the opposing party. So, nominees have been reluctant to answer, and they use the excuse they may have to rule on the issue in a future case.

kentuck

(111,111 posts)

6. Aren't they supposed to rule on the case in front of them?

Reply to intrepidity (Original post)

Mon Apr 29, 2024, 08:28 AM

Apr 29

Not on some hypothetical case that might happen in the future?

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