Rep. Alexandria Ocasio-Cortez (D-NY) and Rep. Ted Lieu (D-CA) sent a letter to the Senate demanding that it declare Supreme Court Justices Brett Kavanaugh and Neil Gorsuch liars.
In their letter — which was addressed to Chuck Schumer Senate Majority Leader — they both said that when Gorsuch and Kavanaugh testified before the Senate in their confirmation hearings that Roe v. Wade was settled law, they had lied.
“The legitimacy of our Constitutional Republic cannot tolerate Supreme Court Justices who lied in order to be confirmed. The court’s credibility is on the line,” Lieu tweeted, “Letter from myself and @AOC requesting the Senate to determine if Kavanaugh or Gorsuch lied to Americans.”
“We can’t let Supreme Court nominees who lie and/or mislead the Senate under oath go unpunished,” Rep. Lieu, a Democrat from California, said in a tweet. “Both GOP & Dem Senators have stated that Supreme Court justices misled them. This cannot be considered legal precedent.” Doing so undermines the rule of law, delegitimizes the court, and endangers democracy.”
“We ask that the Senate state its position on whether Justices Gorsuch and Kavanaugh lied under oath during their confirmation hearings,” Ocasio-Cortez and Lieu wrote in an email to supporters, adding, “We must expose their deeds for what they are before time runs out so that we may prevent such a mendacious degradation of our most basic rights and the rule of law from ever happening again.”
In the eyes of the court, according to Gorsuch and Kavanaugh, Roe — as well as Planned Parenthood v. Casey — is a settled precedent. Many took those statements to imply that they would never vote to repeal two landmark abortion cases, which they did in late June. However, stating that such decisions are “precedent” does not necessarily indicate dishonesty; nor does it guarantee that a judge will never overturn said precedence.
Although both Roe and Casey were “precedent,” this did not guarantee that they were constitutional or that they were not just poor legislation. Plessy v. Ferguson was also precedent once until Brown v. Board of Education overturned it. Korematsu v. the United States – which permitted the internment of Japanese Americans during World War II – was likewise precedent until it was no longer so.
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