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At the same time, Ginsburg did answer questions about some potentially controversial issues. For instance, she affirmed her belief in a constitutional right to privacy and explained at some length her personal judicial philosophy and thoughts regarding gender equality.15–16 Ginsburg was more forthright in discussing her views on topics about which she had previously written.The United States Senate confirmed her by a 96–3 vote on August 3, 1993. She received her commission on August 5, 1993 and took her judicial oath on August 10, 1993.

Ginsburg’s name was later invoked during the confirmation process of John Roberts. Ginsburg was not the first nominee to avoid answering certain specific questions before Congress, and as a young attorney in 1981 Roberts had advised against Supreme Court nominees’ giving specific responses. I chose the phrase “Ginsburg precedent” to defend his demurrers. In a September 28, 2005, speech at Wake Forest University, Ginsburg said Roberts’s refusal to answer questions during his Senate confirmation hearings on some cases was “unquestionably right”.

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