Top Legal Ethicists Concur: Asking Questions Of Judicial Nominees On Their Views Perfectly Acceptable At Hearings

TOP LEGAL ETHICISTS CONCUR: ASKING QUESTIONS OF JUDICIAL NOMINEES ON THEIR VIEWS PERFECTLY ACCEPTABLE AT HEARINGS

Letter to Senator Suggests No Basis for Not Asking Judges about Their Views

Schumer: "It is perfectly okay to ask judicial nominees about constitutional issues and their views on decided cases"

U.S. Senator Charles E. Schumer, ranking Democrat on the Senate Judiciary Subcommittee on the Courts, today released a letter from legal experts led by Professor Stephen Gillers of New York University Law School, which lays out the legal and ethical arguments for Senators to ask legitimate questions about a judicial nominee's views. According to the letter signed by Prof. Gillers and eleven other renowned legal ethics experts from around the country, a judicial nominee, Supreme Court or otherwise, would not create an ethical or legal problem by answering questions on their views posed by Senators at a confirmation hearing.

Schumer said, "Some have said we shouldn't ask nominees about their views because it would be unethical or would badger judges into prejudging future cases. To prove that argument is nonsense, I am releasing a letter from 12 of the most respected experts on judicial ethics in the country, including Professor Stephen Gillers, the renowned legal ethicist from NYU Law School.

"These professors have authored a scholarly letter confirming that questions about a nominee's views are perfectly okay. You can ask about their views of constitutional issues and decided cases. There is absolutely no ethical problem in doing so - contrary to what some have suggested," Schumer stated.

The letter states: "It is hardly possible that a person could achieve nomination for appointment to the United States Supreme Court and yet have no opinions about the significant constitutional issues and cases of our day. And the fact that the nominee does have such opinions and voices them will not undermine impartiality or the appearance of impartiality such that he or she would be disqualified when those issues or cases come before the Court."

Signers include professors from all over the country:
Stephen Gillers, New York University Law School, James Alfini, South Texas College of Law, Nathan M. Crystal, University of South Carolina School of Law, Lisa G. Lerman, Columbus School of Law, David Luban, Georgetown University Law Center, Steven Lubet, Northwestern University School of Law, James E. Moliterno, William and Mary Law School, Frederick C. Moss, Southern Methodist University, Robert P. Schuwerk, University of Houston Law Center, Charles Silver, University of Texas School of Law, Ray Solomon, Dean, Rutgers University School of Law - Camden, and Fred Zacharias, University of San Diego Law School.

http://schumer.senate.gov/SchumerWebsite/pressroom/pr-latest_news.html