With the refugee ban President Trump signed on Friday set to play a central role in the Supreme Court confirmation process that will begin later this week, Fix the Court executive director Gabe Roth released the following statement:
When Judge Gorsuch or Judge Hardiman is asked whether President Trump’s executive order banning refugees and immigrants from certain countries is constitutional, he should not stay silent. Rather, he should be required to explain whether such an action comports with our nation’s laws and values.
The nominee may want to withhold comment since a case related to the executive order may reach his desk, but demurring is cowardly, and the American people deserve to know where the nominee stands on issues as important as this.
Anyone being considered for a seat on the Supreme Court has the duty to demonstrate his or her fidelity to the Constitution, and articulating one’s beliefs on ideals like due process and equal protection would seem to be the sine qua non of becoming a justice.
Fix the Court is a nonpartisan organization that will not take sides in the confirmation battle. We will, however, remind the nominee and U.S. senators that there should be clarity about where a nominee stands on a host of relevant issues – from the refugee ban to term limits to broadcast access to judicial ethics.