00:01Thank you Mr. Chairman. Mr. Ballou, in a questionnaire for the Kentucky Supreme Court,
00:10you expressed a strong dislike of what you described as judicial activism,
00:16referring to it as one big problem across America. So I want to ask you about that.
00:23If a judge were to overturn decades of precedent because of a judge's personal views, or cultural views, or religious
00:32views,
00:34would you view that as judicial activism?
00:38Senator, if the judge overturned precedent based on anything other than the law, then sure, yes sir.
00:46And how about a judge that, during their confirmation, swore to uphold precedent, respect precedent,
00:55and then departed from decades of precedent? What would you think about that?
01:00Would you think that judge was exercising judicial activism as part of the big problem across America?
01:09Yes, it sounds like it.
01:12So when the Supreme Court in Dobbs overturned decades of precedent, traversed Roe v. Wade,
01:19that was an illustration of the kind of judicial activism, that is one big problem across America?
01:26Well Senator, as a state court judge, and potentially a federal judge,
01:32I can't comment other than on cases that have been decided.
01:38So I think it would be inappropriate for me to get more specific than what have already answered you
01:47on those issues of activism.
01:49I'm trying to get a sense of what you mean by judicial activism,
01:52because there, of course, the Supreme Court did overturn decades of precedent, right?
01:56Yes, sir.
01:57I think what...
01:59Let me ask you about another illustration.
02:02How about Citizens United?
02:04Court there also overturned decades of precedent.
02:09Appeared to have an agenda to allow more unbridled spending by corporations,
02:15something that's good for corporations, I suppose.
02:18Is that judicial activism?
02:20Senator, it would be inappropriate for me to speak to specific cases
02:26on what is or is not judicial activism.
02:30If you want to know what I think judicial activism is, I'd be glad to tell you.
02:35Well, I thought you just told me that it was overturning decades of precedent
02:40with some kind of personal, religious, cultural, or other agenda, right?
02:46Well, if you gave me an example of someone coming in for a confirmation hearing
02:51and saying, I'll go by the law, and maybe then they didn't.
02:54But what I mean when I say judicial activism,
02:58and a lot of judges, and possibly most, I don't know,
03:02but a lot of judges have really good intentions,
03:04but they get outside of their AOR, their area of responsibility,
03:10and they try to fix things that the judiciary can't fix, shouldn't fix.
03:15It's outside of their lane.
03:17So that's what I mean by judicial activism.
03:21So if justices took it upon themselves to make changes to campaign finance,
03:29in contradiction, actually, of what the Congress legislated,
03:33that would be kind of an egregious form of judicial activism, wouldn't it?
03:37Senator, Senator, I'm not going to comment on what justices of the United States Supreme Court
03:42or Kentucky Supreme Court do.
03:44Well, the reason I'm asking you is if you sit on the bench at any level
03:48and you only view judicial activism when it's contrary to your own personal religious cultural beliefs,
04:00that's a very convenient definition of judicial activism.
04:05Would you feel comfortable departing from precedent
04:11because it was in conflict with your personal religious views?
04:17I wouldn't depart from precedent anyway.
04:21I'm not allowed to do that.
04:23It would be inappropriate for me to do that.
04:25It would be inappropriate.
04:27Would you uphold, if the law required it,
04:31would you uphold a state law that provides access to abortion for women?
04:38Senator, I would uphold any state law that is constitutional.
04:44I've been going by the rules that I may or may not agree with for 24 years.
04:49Is your answer, yes, you would uphold a state's right to provide a free,
04:54not a free, but a legal abortion for women?
04:57Senator, I don't think it's appropriate for me to get specific
05:01other than to say that I will go by the law whether I like it or not.
05:07And if I could ask the same question very briefly to Mr. Pemberton as well,
05:15would you uphold a state law that provides a right of access to abortion for women
05:20if it was consistent with state law?
05:23You're asking me to opine on a potential case or controversy that could come before me?
05:29What I'm really asking you, because you're clearly not willing to answer,
05:32what I'm really asking you is,
05:34are you going to put your own religious or ideological views ahead of following the law
05:39and do so to the detriment of the citizens of this country?
05:47I apologize for the interruption.
05:50Listen, that's a different question as I understood the first question,
05:54but absolutely I set aside my religious beliefs
05:57and ultimately uphold the law as it is,
05:59and I don't oppose my beliefs in a courtroom.
06:03Thank you, Mr. Chairman.
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