On Wednesday, the Senate Judiciary Committee held a hearing regarding the nominations of several judicial picks made by President Donald Trump. One of the nominees, John K. Bush, has drawn attention for his history as a right-wing blogger. Bush assured the Committee that while blogging is a political activity, he recognizes that there is no room for politics on the bench and will only act according to the law.
Democratic Senator Dianne Feinstein of California wasn’t satisfied by that, and pressed Bush on a particular comment he made in a 2008 blog post. Bush’s post said, “The two greatest tragedies in our country — slavery and abortion — relied on similar reasoning and activist justices at the U.S. Supreme Court, first in the Dred Scott decision, and later in Roe.” Roe, of course, meaning the landmark Roe v. Wade decision that recognized the the legality of abortion.
Feinstein asked under what circumstances would Bush decline to follow the Court’s precedent. Bush stated, “There are absolutely no circumstances in which I would decline to follow precedent if confirmed … and I would follow Roe v Wade, Casey, and all of the decisions that have come after that important decision.”
“You’re under oath,” Feinstein interrupted.
“I am. I understand that. My role as a circuit judge is to apply the law of the Supreme Court … I’m not in any position to overturn or to undermine those decisions.”
Feinstein asked if Bush still believes that Roe v. Wade is a national tragedy, to which Bush replied that he thinks it’s a tragedy for how it divided the country.