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 LeeRepublicans wrestle over removing Trump Lawmakers, leaders offer condolences following the death of Capitol Police officer GOP senators urging Trump officials to not resign after Capitol chaos 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 StephanopoulosChristie: If Trump's actions aren't impeachable, 'then I don't really know what is' Kinzinger: Trump's resignation would be 'best thing for the country to heal' Ocasio-Cortez: Every minute Trump stays in office 'represents a clear and present danger' MORE’s question about what the confirmation of President TrumpDonald TrumpEx-Trump lawyer Cohen to pen forward for impeachment book Murkowski says it would be 'appropriate' to bar Trump from holding office again Man known as 'QAnon Shaman' asks Trump for pardon after storming Capitol MORE’s nominee Amy Coney BarrettAmy Coney BarrettCapitol Police Board — the structural flaw in leadership 2020: A year in photos Planned Parenthood president says abortion work shouldn't be marginalized 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.” 

“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 GinsburgRuth Bader Ginsburg, George Floyd among options for 'Remember the Titans' school's new name Bipartisan anger builds over police failure at Capitol Lindsey Graham praises Merrick Garland as 'sound choice' to serve as attorney general 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 McConnellTrump seeks to freeze .4 billion of programs in final week of presidency McConnell about to school Trump on political power for the last time Murkowski blasts Trump's election claims, calls House impeachment appropriate MORE (R-Ky.) has vowed to vote on Trump’s nominee, despite his position to block Merrick GarlandMerrick Brian GarlandBiden's new challenge: Holding Trump accountable Graham says he'll back Biden's CIA pick A Democratic agenda for impossibly hard times 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.