There have been rumors going around Washington for months that Ruth Bader Ginsburg or Clarence Thomas could retire.
That would put all eyes on President Trump to choose a successor.
But Donald Trump’s next Supreme Court nominee faced this demand that no one saw coming.
After Chief Justice John Roberts repeatedly stabbed conservatives in the back on major cases involving amnesty, pro-life laws and special rights for homosexuals, Missouri Senator Josh Hawley declared the conservative legal movement a “failure.”
For decades, the libertarian-leaning Federalist Society worked as a farm team for conservative judicial nominees.
But critics of the Federalist Society said it trained establishment types like Roberts that scorned social conservatism.
Every time a Republican president nominated a Supreme Court justice, that nominee would perform the typical confirmation dance of claiming they supported “precedent” – this was code for saying they would never vote to overturn Roe v. Wade, the disastrous 1973 decision legalizing abortion on demand.
Senator Hawley told the Amazon Washington Post that those days were over.
The Missouri Republican announced he would only vote to confirm Supreme Court nominees if they publicly stated on the record that Roe v. Wade was wrongly decided.
“I will vote only for those Supreme Court nominees who have explicitly acknowledged that Roe v. Wade is wrongly decided,” Hawley told the Post. “By explicitly acknowledged, I mean on the record and before they were nominated.”
“I don’t want private assurances from candidates. I don’t want to hear about their personal views, one way or another. I’m not looking for forecasts about how they may vote in the future or predications. I don’t want any of that. I want to see on the record, as part of their record, that they have acknowledged in some forum that Roe v. Wade, as a legal matter, is wrongly decided,” Senator Hawley continued.
Hawley explained to the Post why a Supreme Court nominee stating their opposition to Roe v. Wade was central to understanding that nominee’s judicial philosophy.
“Roe is central to judicial philosophy. Roe is and was an unbridled act of judicial imperialism. It marks the point the modern Supreme Court said, ‘You know, we don’t have to follow the Constitution. We won’t even pretend to try,’” Hawley added.
Senator Hawley even stated he would vote against a potential Trump Supreme Court nominee unless they went on the record to assure America that they believe Roe v. Wade was judicial tyranny.
Chief Justice Roberts’ move to the left made it necessary that conservatives stop taking the word of outside organizations on the ideological commitment of judicial nominees.
Now any Supreme Court nominee is going to have to go on the record and make their views public.
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