In the September 1993 pages of this journal, I asked whether senators can illuminate the political and legal beliefs of Supreme Court nominees by questioning them at confirmation hearings (Comiskey 1993). Many observers of the confirmation process believe that a nominee's testimony can produce insights into the nominee's views that go beyond what is available from the nominee's public record. While such testimony has often proved barren in the past, these observers often express the view that better questioning of nominees can bring forth greater insights in the future (Carter 1988; Melone 1991; Rees 1983; Ross 1987). By contrast, I concluded that the political context in which Supreme Court nominations occur, the motives of participants in the confirmation process, and the incentives facing these participants will likely continue to inhibit illuminating testimony by nominees.

Since my previous paper was written before last summer's hearings on the nomination of Ruth Bader Ginsburg, this article examines those hearings. In some respects, her testimony resembled that of most recent nominees. In at least one respect—her candor on abortion—her testimony was a major departure from that of all recent nominees with the partial exception of Robert Bork.