Thursday, January 12, 2006
A Matter of Fact
A quick thought on judicial confirmation hearings.
I recently watched a webcast of a panel discussion involving Justices Breyer and Scalia and a few British judges. The American Justices were asked how much they care about the specific facts of the case before them, as opposed to the broader issues involved in the case. And both Breyer and Scalia agreed that when they hear a case, they worry a lot more about the precedent that the case will set than they worry about doing "justice" to the particular parties in front of them. This affects everything from the decision to grant certiorari (they care more about circuit splits than whether a specific case was wrongly decided by a lower court) to the hypotheticals they ask at oral argument.
Now, if a judge agrees with this approach (and I would bet the vast majority of judges would agree at least as far as the role of the Supreme Court is concerned), doesn't this completely undercut the claim by Court nominees that they can't opine on a given topic because it's so highly dependent on the exact details of the specfic case before the Court?
I recently watched a webcast of a panel discussion involving Justices Breyer and Scalia and a few British judges. The American Justices were asked how much they care about the specific facts of the case before them, as opposed to the broader issues involved in the case. And both Breyer and Scalia agreed that when they hear a case, they worry a lot more about the precedent that the case will set than they worry about doing "justice" to the particular parties in front of them. This affects everything from the decision to grant certiorari (they care more about circuit splits than whether a specific case was wrongly decided by a lower court) to the hypotheticals they ask at oral argument.
Now, if a judge agrees with this approach (and I would bet the vast majority of judges would agree at least as far as the role of the Supreme Court is concerned), doesn't this completely undercut the claim by Court nominees that they can't opine on a given topic because it's so highly dependent on the exact details of the specfic case before the Court?
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