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No matter how badly senators want to know things, judicial nominees are limited in what they may discuss. That limitation is real. And it comes from the very nature of what judges do.
A judicial standard means that a judicious decision can be entirely correct, even when the result does not line up with our preferred political positions or cater to certain political interests.
We must apply a judicial, not a political, standard to this record. Asking a judicial nominee whose side you will be on in future cases is a political standard.
When Judge Ruth Bader Ginsburg was before us in 1993, she said that her standard was to give no hints, no forecasts, no previews, and declined to answer dozens of questions.
Because judges may not issue advisory opinions, judicial nominees may not do so either, especially on issues likely to come before the court. That rule has always been honored.
We should evaluate judges and judicial nominees based on the general process for applying the law to any legal disputes, not on the specific result in a particular case or dispute.
We're going to find out who did this and we're going after the bastards. [referring to the September 11, 2001 terrorist attacks on the World Trade Center and the Pentagon]
However, FDA attempted to reverse this clear congressional intent in March, 1979, by proposing to regulate vitamins and minerals as 'Over-The-Counter' drugs.
As was noted in the Wall Street Journal, last March 21st, FDA approval of drug labelling, '...requires seven to ten years, and costs each applicant an average of $70 million.'