Worst. Answer. Ever.

This was my favorite exchange of the day, yesterday. In case you missed it.

KOHL: Last question.

Judge Alito, I understand that you're reluctant to comment on cases that you would likely have coming before you in the future, but I'd like to ask you about a case that the Supreme Court certainly will never see again: 2000 presidential election contest between President Bush, Vice President Gore.

KOHL: Many commentators see the Bush v. Gore decision as an example of judicial activism, an example of the judiciary improperly injecting itself into a political dispute.

Indeed it appears to many of us who've looked at your record that Bush v. Gore seems contrary to so many of the principles that you stand for, that the president has said you stand for when making your nomination: talking about judicial restraint, not legislating from the bench and, of course, respecting the rights of the states.

So, Judge Alito, I'd like to ask you: Was the Supreme Court correct to take this case in the first place?

ALITO: Well, Senator, I think you're probably right, and I hope you're right, that, that sort of issue doesn't come before the Supreme Court again.

Some of the equal protection ground that the majority relied on in Bush v. Gore does involve principles that could come up in future elections and in future cases.

As to that particular case, my answer has to be, I really don't know. I have not studied it in the way I would study a case that comes before me as a judge. And I would have to go through the whole judicial process.

KOHL: That was a huge, huge case.

And I would like to hope and I would bet that you thought about it an awful lot, because you are who you are. And I would like for you to give an opinion from the convictions of your heart.

KOHL: As a person who's very restrained with respect to judicial activism, this being a case of extreme judicial activism, were they correct in taking this case, in your opinion?

ALITO: Well, there's the issue of whether they should take it and the issue of how it should be decided.

And, Senator, my honest answer is I have not studied it in the way that I would study the issue if it were to come before me as a judge.

And that would require putting out of my mind any personal thoughts that I had on the matter and listening to all of the arguments and reading the briefs and thinking about it in the way that I do when I decide legal issues that are before me as a judge.

And that's the best answer I can give you to that question.

It was obviously a very important and difficult and controversial case. And in a situation like that, the obligation of a judge all the more is to be restrained and is to go through the judicial decision- making process and only at the end of that reach a conclusion about the issue.

KOHL: Thank you, Judge.

Link.

"Oh, yeah. Never really thought about that case like, you know, like I would if it came before me as a judge. Don't really have an informed opinion on it. Nope. Didn't listen to the oral arguments, like every other lawyer in the U.S. Didn't really read the opinions. Didn't watch any of the coverage on the tv, read the 'papers, the law review pieces, the journals of opinion, etc., etc. Never discussed this in chambers with my clerks. Never. See, I'm not really interested in things like the law, politics, presidential elections, even deadlocked presidential elections. I just like baseball, Senator."

OK. I never thought that anyone would top Justice Thomas's statement during his confirmation hearing that he never discussed Roe with other law students while he was in law school. But Judge Alito did it.