We must use a judicial, rather than a political, standard to evaluate [a nominee's] fitness for the Supreme Court. That standard must be based on the fundamental principle that judges interpret and apply but do not make law.
Orrin HatchBecause judges may not issue advisory opinions, judicial nominees may not do so either, especially on issues likely to come before the court. That rule has always been honored.
Orrin HatchChief Justice [John] Roberts compared judges to umpires, who apply rules they did not write and cannot change to the competition before them.
Orrin Hatch