Document Type

Opinion

Publication Date

9-9-2018

Department

Political Science

Abstract

At today’s confirmation hearing of Supreme Court nominee Brett Kavanaugh, senators are attempting to decipher how Kavanaugh will rule on certain issue areas should he be confirmed to the high court. Senators will undoubtedly demand answers to their questions that ask whether Judge Kavanaugh will vote to uphold certain past cases, such as Roe v. Wade or Citizens United, and they’ll want a “simple yes or no” answer. While this line of questioning will primarily originate from the left side of the aisle this time around, this tactic is routinely used by both parties when vetting Supreme Court nominees.

There’s little doubt, however, that answering questions relating to potential future cases would threaten the neutrality we expect from all jurists — not to mention those justices at the pinnacle of Article III’s judicial hierarchy. [excerpt]

Version

Version of Record

Required Publisher's Statement

The article can also be found on the publisher's website: https://thehill.com/opinion/judiciary/405129-what-senators-should-ask-brett-kavanaugh

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