Every few years, the rote questions asked in the Senate Judiciary Questionnaire to judicial nominees become stale or outdated and need a refresh; here are our suggestions for new ones for 2020 and beyond:
1. Please provide a list of all your personal social media handles – including Facebook, Twitter and Instagram – on which you’ve posted and a list of blogs, news websites and news aggregation and discussion websites on which you’ve posted.
2. In 2009, Chief Justice Roberts was asked why all of the justices hailed from exclusive law schools. He replied, “Not all justices went to elite institutions; some of them went to Yale.” Though humorous, this underscores the view that the judiciary comprises and caters to elites who live cloistered existences. If confirmed, how would you strive to serve the larger public?
3. In 2019, no Democratic-appointed judges presented at the annual Federalist Society convention, and only one Republican-appointed judge presented at the annual American Constitution Society convention.
A. If confirmed, and invited, would you attend either or both of these events?
B. Do you believe that federal judges should hold leadership positions in organizations that the public perceives to be partisan?
4. Several outside groups are supporting, or are likely to support, your confirmation, and others are opposing it.
A. To your knowledge, are any of your current or former colleagues, family or friends involved in funding these efforts?
B. If so, would your interpretation of the recusal statute require your disqualification from any cases or petitions involving these groups and their funders should you be confirmed?
5. Was Brown v. Board of Education, 347 U.S. 483 (1954), correctly decided?
6. As of Aug. 2020, the U.S. Supreme Court and all 13 U.S. courts of appeals have livestreamed oral argument audio to the public. As a general rule, do you support livestreaming of appellate hearings, and why or why not?