00:00Thank you, Mr. Chairman. Mr. Ballou, in a questionnaire for the Kentucky Supreme Court,
00:08you expressed a strong dislike of what you described as judicial activism,
00:14referring to it as one big problem across America. So I want to ask you about that.
00:21If a judge were to overturn decades of precedent because of a judge's personal views or cultural
00:29views or religious views, would you view that as judicial activism?
00:36Senator, if the judge overturned precedent based on anything other than the law, then sure. Yes, sir.
00:45And how about a judge that during the confirmation swore to uphold precedent, respect precedent,
00:53and then departed from decades of precedent? What would you think about that? Would you think that
00:59judge was exercising judicial activism as part of the big problem across America?
01:07Yes, it sounds like it. So when the Supreme Court in Dobbs overturned decades of precedent
01:15to reverse Roe v. Wade, that was an illustration of the kind of judicial activism that is one big
01:23problem across America? Well, Senator, as a state court judge and potentially
01:28a federal judge, I can't comment other than on cases that have been decided.
01:36So I think it would be inappropriate for me to get more specific than what have already answered you
01:45on those issues of activism. I'm trying to get a sense of what you mean by judicial activism,
01:50because there, of course, the Supreme Court did overturn decades of precedent, right?
01:54Yes, sir. I think what...
01:57Let me ask you about another illustration. How about Citizens United? Court there also overturned
02:05decades of precedent. Appeared to have an agenda to allow more unbridled spending by corporations,
02:13something that's good for corporations, I suppose. Is that judicial activism?
02:19Senator, it would be inappropriate for me to speak to specific cases on what is or is not judicial
02:27activism. If you want to know what I think judicial activism is, I'd be glad to tell you.
02:33Well, I thought you just told me that it was overturning decades of precedent with some kind of personal,
02:41religious, cultural, or other agenda, right?
02:45Well, if you gave me an example of someone coming in for a confirmation hearing and saying,
02:49I'll go by the law, and maybe then they didn't. But what I mean when I say judicial activism,
02:56and a lot of judges, and possibly most, I don't know, but a lot of judges have really good intentions,
03:03but they get outside of their AOR, their area of responsibility. And they try to fix things that
03:10the judiciary can't fix, shouldn't fix. It's outside of their lane. So that's what I mean by judicial
03:17activism.
03:19So if justices took it upon themselves to make changes to campaign finance,
03:27in contradiction, actually, of what the Congress legislated, that would be kind of an egregious
03:33form of judicial activism, wouldn't it?
03:35Senator, Senator, I'm not going to comment on what justices of the United States Supreme Court
03:40or Kentucky Supreme Court do.
03:42The reason I'm asking you is if you sit on the bench at any level, and you only view judicial
03:49activism when it's contrary to your own personal religious cultural beliefs, that's a very convenient
04:00definition of judicial activism. Would you feel comfortable departing from precedent because
04:08it was in conflict with your personal religious views?
04:15I wouldn't depart from precedent anyway. I'm not allowed to do that. It'd be inappropriate
04:22for me to do that.
04:23It would be inappropriate. Would you uphold, if the law required it, would you uphold a state
04:31law that provides access to abortion for women?
04:36Senator, I would uphold any state law that is constitutional. I've been,
04:42I've been going by the rules that I may or may not agree with for 24 years.
04:48Mr. Bell, is your answer, yes, you would uphold a state's right to provide a free, not a free,
04:53but a legal abortion for women?
04:55Senator, I don't think it's appropriate for me to get specific other than to say that I
05:01will go by the law whether I like it or not.
05:05And if I could ask the same question very briefly to Mr. Pemberton as well, would you uphold a state
05:15law that provides a right of access to abortion for women if it was consistent with state law?
05:21You're asking me to opine on a potential case or controversy that could come before me?
05:27What I'm really asking you, because you're clearly not willing to answer, what I'm really asking you is,
05:32are you going to put your own religious or ideological views ahead of following the law
05:37and do so to the detriment of the citizens of this country?
05:45I apologize for the interruption.
05:48Listen, that's a different question as I understood the first question,
05:52but absolutely I set aside my religious beliefs and ultimately uphold the law as it is,
05:58and I don't impose my beliefs in a courtroom.
06:01Thank you, Mr. Chairman.
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