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Roe c. Wade, the 1973 decision that made legal abortion nationwide, has been a perennial Senate Judiciary Committee for decades. But the fate of the historic decision may weigh more heavily on the interrogation between the senators and the candidate this time simply because Trump, as a candidate, has promised to appoint judges who would overthrow Roe and leave the law behind. Abortion to the States. The survey of adviser Robert Mueller on Russia's interference in the 2016 presidential election and its links with the Trump campaign already hangs over the selection of Trump's Supreme Court. Presidential prerogatives would appear even more if the candidate was Judge Brett Kavanaugh of the US Court of Appeals, who had the greatest experience of executive power dilemmas, as a lawyer with the Independent Lawyer Ken Starr
Regardless of the candidate, televised hearings could provide an overview of the American public controversies that could eventually reach judges, including whether a sitting president could be charged or a president can forgive himself [19659002] This last question has already been put to another subcontractor, appellate judge Amy Coney Barrett, during her appearance before the Judiciary Committee of the Senate last September
. Senator Richard Blumenthal said: "The president should not be allowed to appoint a judge who will decide whether or not he complies with a subpoena before" I believe the one who is appointed, "added Blumenthal , a Connecticut Democrat, "should recuse himself and commit to recuse himself from this type of decisions that affect personal finances," he added. »
Rarely are pledges made at confirmation hearings and sessions become often an escape forum. Yet, going back and forth between senators and a candidate tends to capture the prevailing legal concerns of the time.
At the end of June 2010, for example, Elena Kagan, president of Barack Obama, was confronted with senators who wanted to complain about citizens. United v. Decision of the Federal Election Commission rendered five months earlier. In fact, Kagan, as Solicitor General of the United States, opposed this decision by lifting federal regulations on business and labor campaign spending. Kagan's more serious criticism challenged his decision, as the dean of Harvard Law School, to temporarily ban military recruiters from campus facilities because of the "do not ask, do not say" policy. against openly homosexual troops
. The skeptics of the Obama candidate, Sonia Sotomayor, ready to be the first Hispanic justice, focused on racial controversies, especially a remark of Sotomayor in 2001 that "a wise Latina with the wealth of his experiences More often than not More recently, at Neil Gorsuch's March 2017 hearing, several questions related to the independence of the judiciary – because of Trump's criticism of the judges who ruled early in the year. lawsuit against his journey: ban on Muslim-majority countries
Remarkable comments by Kavanaugh and Barrett
Trump stated that he would make his choice of a successor to Judge Anthony Kenned's Retreat Announces Next Monday Among Kavanaugh and Barrett's short-listed candidates are US Court of Appeals Judges Thomas Hardiman, who is sitting in the 3rd Philadelphia Circuit, as well as Raymond Kethledge and Amul Thapar, both of the 6th Circuit in Cincinnati.
The investigation, for which Kavanaugh worked, was propelled in part by a 1997 decision of the Supreme Court, Clinton v. Jones, who stated that the president could not invoke presidential immunity to postpone a civil suit of Paula Jones. he was governor of Arkansas. The following year, Starr obtained a subpoena to compel Clinton's testimony is a separate case, involving Monica Lewinsky, a former White House trainee with whom Clinton had a relationship.
But Kavanaugh said after serving with Bush, who named him District Court of the District of Columbia in 2006, he came to believe that the White House's demands were too great to subject the President to civil or criminal prosecution.
"The indictment and the trial of" a president in office, "Kavanaugh wrote in a 2009 law review," would paralyze the federal government, rendering it incapable of functioning with credibility. " national arenas. "
" One could raise at least two important criticisms of these ideas, "recognizes Kavanaugh in his essay published in the Minnesota Law Review." The first is that no one is above the law in our system from government, I totally agree with this principle, but this is not a persuasive criticism of these suggestions. controls on the president, but simply to defer litigation and investigations until the president is out of the office.
"A second possible concern is that the country needs control over an evil president or who breaks the law, but the Constitution already provides for this control." Because of the controversy sparked by the investigation Mueller, whom Trump has repeatedly described as a "witch hunt", senators began to ask the lower court candidates for related legal issues, last September, when she testified before the Senate Judiciary Committee for a seat on the seventh Chicago-based circuit, Barrett said she would follow the Supreme Court's precedent on Roe, which the high court said the government can not impose an "excessive burden" on women seeking to end a pregnancy before the fetus is viable
"Can a President Forgive Himself?" Senator Dick Durbin, D-Illinois, asked Barrett [TRADUCTION] "I did not studied this question, "replied Mr. Barrett," if this question were to be confirmed and that this issue would be the subject of a controversy or a case, I would settle this question as I would … by engaging in the ocess judicial process, which includes reviewing the facts, reading briefs, researching needed, listening to the arguments of litigants, discussing with colleagues and l & # 39; writing and / or reading opinions. "
Such may be the reserved tone of many answers, regardless of the question or the candidate.
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