I had my reasons for skepticism given their speeches to Federalist Society gatherings or their writings. “I listened to several justices tell us - as candidates or as nominees - that they would have respected settled precedent. Coons (D-Del.), a member of the Senate Judiciary Committee. “Our confirmation process for Supreme Court justices, I think, is fairly badly broken and has become not particularly revealing or relevant about what justices will do once seated,” said Sen. More and more, the confirmation votes themselves seem a foregone conclusion, with senators hewing to the party line and many using their allotted time to launch political broadsides rather than seek information. It is not just the increasingly predictable and evasive answers of nominees that are prodding some senators to conclude that Supreme Court hearings have become empty theater. To no one’s surprise, the Senate’s confirmation process has become a joke. Nominees are playing a legalese shell game to hide their Roe leanings. But it doesn’t carry any kind of significance beyond that. What it means is that that’s a decision from the supreme court, and I acknowledge that it exists. “Something like ‘settled law’ actually has no concrete legal meaning. “When people are nominated to the supreme court and they testify in Senate confirmation hearings, they are very careful about their language,” said Professor Katherine Franke of Columbia Law School.
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Republican Senator Lisa Murkowksi, who also supports abortion rights and voted in favor of Gorsuch’s and Barrett’s nominations, said the draft opinion “rocks my confidence in the court right now”.Ī legal expert explains how this game is played: “If this leaked draft opinion is the final decision and this reporting is accurate, it would be completely inconsistent with what Justice Gorsuch and Justice Kavanaugh said in their hearings and in our meetings in my office,” Collins said, while noting that the draft opinion is not final. Susan Collins is disappointed, as is Alaska’s Lisa Murkowski ( The Guardian): To no one’s surprise, Maine Republican Sen. The confirmation testimony in particular of the Trump Three, Neil Gorsuch, Brett Kavanaugh and Amy Coney Barrett, will receive second looks. Gorsuch, Kavanaugh, Barrett and the rest may feel fine about hiding their intentions, but they lied by omission in repsonse to direct questions.”
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Wade are in for some unwelcome scrutiny of their confirmation testimony.Įd Walker (Masaccio at emptywheel) tweets, “People hate dissembling as much as they hate outright liars. The Supreme Court justices behind the “ problematic” Samuel Alito draft opinion overturning Roe v.