Senator Ted Lieu (D.California), and Alexandria OcasioCortez (D.New York) are calling for a formal statement from the Senate leadership on whether or not Supreme Court justices voted to overturn the Constitution. Roe v. Wade lied during their confirmation hearings – which Ocasio-Cortez has said is an impeachable offense.
The two lawmakers wroteOn Monday, Chuck Schumer, Senate Majority Leader (D-New York), called on the Senate for clarification on whether Justices Brett Kavanaugh, Neil Gorsuch and possibly others lied about their willingness to preserve the precedent set. Roe. They say that it’s not only critical to preventing further human rights from being taken away from the public but also important to send the message to future Supreme Court nominees that lying under oath is not acceptable.
“We respect the right of individual Justices to have their own views on various constitutional issues,” the lawmakers said. “But we cannot have a system where Justices lie about their views in order to get confirmed. That makes a mockery of the confirmation power, and of the separation of powers.”
They later said that justices who lie in order to get confirmed “shred the legitimacy” of the High Court, adding that public confidence in the Court is at an all-time low.
At least two instances of justices lying about their willingness or inability to overturn are documented. Roe that Lieu and Ocasio-Cortez highlighted as “particularly egregious.”
During his confirmation in 2017, Gorsuch said: “I would tell you that Roe v. WadeThe 1973 decision in v. United States Supreme Court is a precedent. It has been confirmed. A good judge will consider it as precedent of the U.S. Supreme Court worthy as treatment of precedent like any other.” He added that, if a president asked him to overturn Roe, he would have “walked out the door.”
During Kavanaugh’s confirmation the next year, he said that Roe “is settled as a precedent of the Supreme Court, entitled the respect under principles of stare decisis. Since 1973, the Supreme Court has recognized the rights to abortion. Roe v. Wade case. It has reaffirmed it many times.” He also said that the issue was also settled with 1992’s Casey vs. Planned Parenthood, which reaffirmed abortion rights and was a “precedent on precedent.”
Senators Susan Collins (R. Maine), and Joe Manchin (D. West Virginia) claim that Kavanaugh and Gorsuch both lied to senators about the issue. Collins claimed that the justices insist that they will uphold long-standing precedents, as members of Supreme Court.
These statements are completely contrary to the majority opinion. Dobbs v. JacksonJune Justice Samuel Alito wrote in June for the majority that they believed both Roe Casey were an “error that cannot be allowed to stand” and that Roe was “egregiously wrong from the start.”
If the Senate issues a resolution or statement, as Lieu & Ocasio Cortez suggest it, it would be a strong rebuke of the chamber that voted in favor of the justices. It could also fuel Ocasio-Cortez’s calls. Rep. Ilhan Omar(D-Minnesota), to ask Congress to investigate whether the justices should be impeached.
Shortly thereafter, DobbsOcasio Cortez announced that Amy Coney Barrett and Kavanaugh had all pledged to uphold precedents at their confirmation hearings. In addition, She said that Justice Clarence Thomas was her favorite.Should also be considered for impeachment inquiries over possible corruption related to Thomas’ wife Ginni and her role in the attack on the Capitol on January 6.
