The Supreme Court vacancy manufactured by retiring Justice Anthony Kennedy may well not imperil abortion rights and same-sex marriage as far as their defenders have suggested, Sen. Mike Lee said Thursday, due to legal doctrine that protects precedent.
Lee (R-Utah), one among 25 candidates President Mr . trump has preselected for nomination into the high court, is considered the most conservative lawmakers during the Senate. But he said liberal precedents may well not fare as badly to the court moving forward, as some have predicted.
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“All of these issues involve cases that are decided previously because of the Supreme court. It’s something to be able to think a Republican appointee might come at those issues from a different worldview goods first impression,” Lee told Fox News’ “Fox & Friends,” the morning TV news show obama can favor.
“They must take under the doctrine of stare decisis, which is actually a doctrine that generally puts the final Court at a path of following precedent,” he continued. “So, they are unable to know for sure how all of those issues will turn out and whether any kind of those cases might be overturned.”
The retirement of Kennedy, your swing justice who cast the deciding vote simply allowing same-sex marriage and multiple abortion rights cases, has prompted significant concern among liberals that runners precedents and others can be undone with a more conservative, Trump-appointed justice around the bench.
Already, Senate Democrats have demanded that confirmation hearings be delayed until from new crop of senators are sworn in this year, offering voters the chance to weigh in likewise that Senate Majority Leader Mitch McConnell (R-Ky.) insisted on for your seat left open after Justice Antonin Scalia died before the 2016 presidential election.
McConnell, despite those calls, has now announced his intention to have the Senate hold a confirmation vote on Kennedy’s successor this fall.
Also on Trump’s listing of potential Supreme Court appointees is Lee’s brother, Thomas Lee, a justice on Utah’s Supreme Court. Mike Lee told Fox News his brother is usually a “terrific jurist” in the mold of Scalia and Justices Neil Gorsuch, Samuel Alito and Clarence Thomas.
“I’d also really love the chance grill him to be a an affiliate the Senate Judiciary Committee,” the senator said.