Wednesday, July 11, 2018

Chuck Schumer's Brazen Fable About Nominees and Supreme Court Precedents

He would, Schumer said Monday on the Senate floor, demand from Kavanaugh "An affirmative statement of support" for certain Supreme Court precedents and positions on particular legal issues.

Schumer will make this demand, he said, because previous Supreme Court nominees "Swore to obey precedent" in their confirmation hearing and then, once appointed, voted to reverse some precedents.

No Supreme Court nominee ever "Swore to obey precedent" if, as Schumer now claims, that means promising never to reconsider or vote to reverse any precedent ever.

Like Kavanaugh, Chief Justice John Roberts, Justice Samuel Alito, and Justice Sonia Sotomayor each served on the U.S. Court of Appeals at the time of their respective Supreme Court nominations.

At her 2009 confirmation hearing, Sotomayor described her "Great respect for precedent" and said that "All precedent of the [Supreme] Court is entitled to the respect of the doctrine of stare decisis." Like Roberts and Alito, she discussed how that doctrine includes factors that the court will use in deciding whether to reverse a precedent.

Do you see a pattern here? These Supreme Court nominees took the same position and even expressed that position using similar language.

What Roberts, Alito, Sotomayor, or other Supreme Court nominees said about precedent is there for all to see.

https://www.dailysignal.com/2018/07/10/chuck-schumers-brazen-fable-about-nominees-and-supreme-court-precedents/ 

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