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flo's avatar

Why do Democrats expect a Republican Supreme Court judge nominee to work for the Democrats' cause re. abortion, for example?

Asked by flo (13313points) September 5th, 2018

Isn’t it clear cut which side has what position?
This is whether it’s about Judge Brett Kavanaugh or not.

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10 Answers

canidmajor's avatar

The democrats don’t expect that.

Kardamom's avatar

They don’t, that’s why they (we) are against Kavanaugh’s nomination.

zenvelo's avatar

Abortion is not a “cause”, it is settled law. Democrats do not want an activist judge who overturns settled law to make Anti-First Amendment religionists get their un-American agenda set in law.

Tropical_Willie's avatar

The Republicans want to get him in tomorrow without a vote !

He’s Trump’s boy.

kritiper's avatar

I don’t think that that is the case. It’s what the Republicans would like people to think…

Mariah's avatar

Exactly what @zenvelo said; we’re not asking him to do anything with regards to abortion, we’re hoping he will leave past decisions alone instead of overturning them.

Tropical_Willie's avatar

@Mariah That, I’m afraid is what the Supreme Court does. They receive court cases from lower courts and make a decision, that may change the status quo. That is how we ended up with Roe vs. Wade changing women’s rights.
I think he is in Trump’s pocket anyway.

gorillapaws's avatar

@Tropical_Willie There is a legal principle called stare decisis which means that judges aren’t supposed to change previously settled decisions—not in the sense of altering the outcome of previous cases, but in the sense of respecting the decision and legal rationalization for that previous decision. Even the Supreme Court is supposed to follow this principle.

Tropical_Willie's avatar

Back to “suppose to” @gorillapaws this current Washington DC crowd is flipping all over the place. Brett Kavanaugh was quoted from a while ago in a leaked email Roe vs Wade can be over ruled and “since Court can always overrule its precedent, and three current Justices on the Court would do so.”

flo's avatar

@Mariah‘s _ Re. ”..we’re hoping he will leave past decisions alone instead of overturning them.” wouldn’t that be working for the democrats’ cause in this case? Would the democrats say the same thing if the status quo (“settled”) was the opposite?

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