At today’s confirmation hearing, Sen. Kohl asked Judge Sotomayor how she would have decided Kelo v. City of New London, the controversial “eminent domain” case decided by the Supreme Court four years ago. According to National Journal, Judge Sotomayor “dismissed” the question:
Kohl asked her about how she would have ruled in that case, and she simply replied: “I don’t prejudge cases.” In what was a friendly exchange of questions and non-answers, Kohl said: “That’s good. Let’s leave it at that.”
First, how is it possible to “prejudge” a case that was decided four years ago? Second, if nominees consider themselves unable to discuss (1) cases already decided by the Supreme Court and (2) cases not yet decided by the Supreme Court, then what precisely can they discuss?
