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Senate Republican says lawmakers can't 'boil down' what a Court nominee would do in one case like Roe v. Wade

Senate Republican says lawmakers can't 'boil down' what a Court nominee would do in one case like Roe v. Wade
© Greg Nash

Sen. Mike LeeMichael (Mike) Shumway LeeEnd the American military presence in Somalia Ted Cruz won't wear mask to speak to reporters at Capitol Michigan Republican isolating after positive coronavirus test MORE (R-Utah) said on Sunday that lawmakers can’t “boil down” what a Supreme Court nominee would do in one case, such as Roe v. Wade, when determining whether to support a justice’s confirmation.

Lee responded to ABC’s George StephanopoulosGeorge Robert StephanopoulosThe Hill's Morning Report - Sponsored by Goldman Sachs - Tipping point week for Trump, Biden, Congress, voters Pelosi: White House made 'unacceptable changes' to testing language during negotiations on coronavirus stimulus Infectious disease expert calls White House advisers herd immunity claims 'pseudoscience' MORE’s question about what the confirmation of President TrumpDonald John TrumpJudge rules to not release Russia probe documents over Trump tweets Trump and advisers considering firing FBI director after election: WaPo Obama to campaign for Biden in Florida MORE’s nominee Amy Coney BarrettAmy Coney BarrettOn The Money: Power players play chess match on COVID-19 aid | Pelosi bullish, Trump tempers optimism | Analysis: Nearly 1M have run out of jobless benefits Overnight Energy: Barrett punts on climate, oil industry recusals | Ex-EPA official claims retaliation in lawsuit | Dems seek to uphold ruling ousting Pendley Amy Coney Barrett is beacon for new kind of feminism in America MORE to the Supreme Court would mean for the landmark abortion case. 

“You know, only time can tell what will happen to any one precedent,” he said. 

“In any event, you can't look at the confirmation of a Supreme Court justice and boil down that jurist's contribution to the law, past and future, to what they might do with a single case,” he added.

 

The Utah Republican added that “overruling a precedent” is “a lot more complicated than people might think.”

He also labeled Barrett as a judge with “an incredible background.” 

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“This is a judge who will bring her expertise to the table,” he said. “And it will be brought to bear on a whole wide variety of scenarios, just as Ruth Bader GinsburgRuth Bader GinsburgDemocrats to boycott committee vote on Amy Coney Barrett's Supreme Court nomination Mitt Romney did not vote for Trump in 2020 election The Senate should evoke RBG in its confirmation of Amy Coney Barrett MORE's expertise was brought to bear in her cases.”

Trump officially nominated Barrett, an appeals court judge, to fill the vacancy on the Supreme Court on Saturday, following Justice Ruth Bader Ginsburg’s death on Sept. 18.

Several Senate Republicans have said a nominee’s position on Roe v. Wade is central to whether they confirm her, despite other GOP senators who would rather discuss her general judicial temperament.

Republicans have moved to push the confirmation process forward, as the 2020 election lingers now 37 days away. Senate Majority Leader Mitch McConnellAddison (Mitch) Mitchell McConnellOn The Money: Power players play chess match on COVID-19 aid | Pelosi bullish, Trump tempers optimism | Analysis: Nearly 1M have run out of jobless benefits Trump casts doubt on hopes for quick stimulus deal after aides expressed optimism Power players play chess match on COVID-19 aid MORE (R-Ky.) has vowed to vote on Trump’s nominee, despite his position to block Merrick GarlandMerrick Brian GarlandDemocrats to boycott committee vote on Amy Coney Barrett's Supreme Court nomination The Senate should evoke RBG in its confirmation of Amy Coney Barrett Democrats seem unlikely to move against Feinstein MORE’s confirmation hearing four years ago for being too close to the election.

The Senate leader said the current situation is different because the same party heads the White House and the Senate. Former President Obama nominated Garland nine months before the 2016 election.