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I want to clarify that it is members of both parties that are guilty of it.
My favorite trap sprung on a nominee was set perfectly by Orin Hatch during the Ginsburg confirmation hearings.
Hatch asked her if a company that employed 30 people, none of whom were a minority, could be seen as having discriminatory hiring practices. Ginsburg answered that yes, it was logical to assume that such a company was being discriminatory in their hiring practices. Hatch responded by pointing out that the law firm she headed up had 30 employees, all of which were white. He then let her off the hook by saying he didn't believe she was practicing discriminatory hiring practices, and suggested she might want to examine her view again.
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