Cindy K. Chung testifies before the Senate Judiciary Committee during her confirmation hearing to be a judge on the U.S. Court of Appeals for the Third Circuit on Sept. 7, 2022. Photo: Diego M. Radzinschi/ALM Originalism Debate Swamps Third Circuit Nominees' Hearing as 'No One Wants to Express a Judicial Philosophy'
As the panel considered Third Circuit nominees Cindy Chung and Tamika R. Montgomery-Reeves, a debate erupted over "judicial philosophy."
September 07, 2022 at 04:36 PM
4 minute read
The original version of this story was published on National Law Journal
As the Senate Judiciary Committee considered a pair of Third Circuit nominees Wednesday, the hearing became mired in a philosophical fight over judicial philosophy, as Republicans attempted to push several circuit and district court nominees to decide whether they are "originalists."
"Over the course of the last 20 months members have been trying to get people to state, I guess you'd call it a general judicial philosophy, and my colleagues are irritated because no one wants to express a judicial philosophy," said ranking Minority Leader Sen. Chuck Grassley, before asking Third Circuit nominee Cindy K. Chung if she was an "originalist or if she believed in a living constitution."
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