REUTERSJeffrey Rosen, President Donald Trump’s nominee to be second-in-command at the Justice Department, declined on Wednesday to tell the Senate whether he thought the Supreme Court ruled correctly in Brown v. Board of Education. The remark came during Rosen’s confirmation hearing before the Senate
Jeffrey Rosen, President Donald Trump’s nominee to be second-in-command at the Justice Department, declined on Wednesday to tell the Senate whether he thought the Supreme Court ruled correctly in Brown v. Board of Education.
Blumenthal then pressed him on whether it was decided correctly, and Rosen said he didn’t have anything more to say.“Senator, I don’t think that it would be a productive exercise for me to go through the most–thousands of Supreme Court opinions and say which ones are right and which ones are wrong,” he said.
“I, um, I have views about lots of Supreme Court cases,” Rosen said, “but I’m not being nominated for this position to be the Solicitor General nor a judge and I think in this context the point I’m trying to make is that, whatever the law is, whether it’s a decision I would favor or disfavor, I see it as the role of the Department of Justice to uphold the law such as it is, unless Congress or the courts change it.
But it puts him in the same camp as Supreme Court Justice Neil Gorsuch, who also declined to weigh in on Brown during his confirmation hearing, as The Atlantic noted. Judge Wendy Vitter, who was sworn in last year as a district judge, also refused to comment on the decision. Several other judicial nominees fielded the question in the same way, as Slate has reported. But Supreme court Justice Brett Kavanaugh praised it during his confirmation, calling it “inspirational.
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