White House has no comment on Gorsuch not commenting on Roe v. Wade
WASHINGTON — During his campaign last year, President Trump promised to appoint judges who would overturn the court decision legalizing abortion, Roe v. Wade. But how can he be sure which way his nominee, Neil Gorsuch, would vote on such a case?
At his confirmation hearing on Tuesday, Gorsuch said he wasn’t asked by Trump how he would rule on abortion, and he would have walked “out the door” if the president had sought a commitment on the issue. In light of this seeming contradiction, Yahoo News asked White House press secretary Sean Spicer if the president is confident Gorsuch would overturn Roe v. Wade and whether Trump still holds to that as a requirement. Spicer declined to comment directly.
The press secretary cited the list of 21 potential appointees Trump presented during his campaign, which was compiled with the help of conservative organizations. Gorsuch was on the list, and Trump has indicated that any future Supreme Court picks would come from that group as well.
“I think the president’s comments speak for themselves. I think the president’s list that he’s put out … are jurists that both the Federalist Society and [Heritage Foundation] have deemed to be people who interpret the Constitution as originalists, as people who aren’t looking to legislate from the bench,” Spicer said.
Other than citing the president’s past comments, Spicer declined to answer the question about whether Trump is confident Gorsuch would be willing to overturn the 1973 Roe v. Wade decision. Spicer mentioned that Gorsuch’s hearing was still going on during the briefing.
“I’m not going to take the bait during a live hearing to comment on that, but I appreciate the effort,” said Spicer.
Sen. Lindsey Graham, R-S.C., asked Gorsuch whether Trump inquired about his position on Roe v. Wade during the confirmation hearing. Gorsuch said Trump did not ask him about the abortion ruling. Graham pressed the judge about how he would have responded if Trump had questioned him on the case.
“I would have walked out the door. That’s not what judges do,” Gorsuch said.
During the hearing, Democratic senators raised questions about whether Gorsuch had undergone an abortion “litmus test” from Trump. The judge strenuously avoided making any comments that betrayed his opinion on the issue, though he acknowledged that the ruling represents a precedent.
“Roe v. Wade was decided in 1973; it is a precedent of the United States Supreme Court,” Gorsuch said. “It has been reaffirmed; the reliance considerations are important there.”
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