Kavanaugh and Gorsuch Didn’t Lie to the Senate

Representative Alexandria Ocasio-Cortez (D-NY) and Ted Lieu (D-CA) wrote a joint letter to Senate majority leader Chuck Schumer (D-NY) asking that the Senate “make it’s position clear on whether Justices Kavanaugh and Gorsuch lied under oath during their confirmation hearings.”

The letter says, “We respect the right of individual Justices to have their own views on various constitutional issues. But we cannot have a system where Justices lie about their views in order to get confirmed. That makes a mockery of the confirmation power, and of the separation of powers. We respectfully request the Senate issue a finding— through a resolution or another kind of public statement — on whether these Justices lied under oath to the Senate Judiciary Committee.”

The letter is an attempt to not only discredit the Justices who voted to overturn Roe v. Wade, but also open up the possibility of impeachment of conservative Justices. Schumer has been highly critical of Gorsuch and Kavanaugh even back in 2020 when he said that they “have released a whirlwind” and they “will pay the price.”

AOC, Lieu and Schumer aren’t the only ones who aren’t happy about the JusticeS’ decision.

Sen. Kirsten Gillibrand (D-NY) said, “Every single one of them said under oath that they would actually preserve Roe. That is absolutely fraud, and there should be consequences.”

When CNN asked if he regretted confirming Gorsuch and Kavanaugh, Sen. Joe Manchin (D-WV) said, “I regret any time someone that you’re confirming in any public position is not being direct or truthful.”

Manchin added that when asked about Roe, Gorsuch answered, “a good judge will consider it as precedent of the U.S. Supreme Court worthy as treatment of precedent like any other” and when Kavanaugh was asked, he answered that it was “entitled the respect under principles of stare decisis.”

But, just because the Supreme Court has ruled on an issue doesn’t mean it’s going to permanently stand.

Justice Louis Brandeis once said, “Stare decisis is usually the wise policy, because it most matters it is more important that the applicable rule of law be settled than that it be settled right.”

Sen. Susan Collins said that she felt misled as well, but she simultaneously admitted that she wasn’t. Collins said that “someone who believes that the importance of precedent has been rooted in the Constitution would follow long-established precedent except in those rare circumstances where a decision is ‘grievously wrong’ or ‘deeply inconsistent with the law.’ Those are Judge Kavanaugh’s phrases.”

Kavanaugh said that the only reason a decision should be overturned is when a decision is “egregiously wrong” and in the Dobbs ruling, Kavanaugh wrote that “stare decisis requires respect for the Court’s precedents and for the accumulated wisdom of the judges who have previously addressed the same issue.”

Collins added that Kavanaugh agreed with Justice John Roberts when he referred to Roe as “settled law.” Roberts interpretation of settled law was “settles as a precedent of the court,” rather than permanent law.

With context, there’s no question that Kavanaugh and Gorsuch weren’t being dishonest at all, but were answering questions to the best of their ability.