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I do ask for a show of hands -- not about the question you asked, but about the following question, and I ask it of everybody: How many of you have had questions like this asked of you in the employment environment? An inappropriate question about your family planning? and I am shocked every year senator how many young women raise their hands, it's disturbing to me.
Senator, he has no idea how I’d rule in that case and, senator, I’m not going to say anything here that’s going to give anybody any idea how I’d rule in any case like that that could come before the Supreme Court or my court on the 10th Circuit, it would be grossly improper of a judge to do that. It would be a violation of the separation of powers and judicial independence if someone sitting at this table, in order to get confirmed, had to make promises or commitments about how they’d rule in a case that’s currently pending and likely to make its way to the Supreme Court.
In my decade on the bench, I have tried to treat all who come to court fairly and with respect, i have ruled for disabled students, prisoners and workers alleging civil rights violations.Sometimes, I have ruled against such persons, too. But my decisions have never reflected a judgment about the people before me -- only my best judgment about the law and facts at issue in each particular case.
The great project of Justice's Scalia's career was to remind us of the differences between judges and legislators, to remind us that legislators may appeal to their own moral convictions and to claims about social utility to reshape the law as they think it should be in the future. But that judges should do none of these things in a democratic society.
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