Do litmus tests help explain a Supreme Court nominee’s judicial philosophy or do they offend the idea of an independent judiciary? As President Donald Trump prepares to speak to Congress tonight, that question casts a shadow over whatever he might say about his nominee to the Supreme Court, Judge Neil Gorsuch.
You are here
The fundamental question in Hernández v. Mesa is whether Hernández’s family can seek redress for this tragic abuse of power. Under the Constitution’s text and history, the answer is yes. The role of the courts in our system of separation of powers is to check official abuse of power and maintain the rule of law. There is no “border shooting” exception to these foundational principles.
At a time when the president flouts constitutional values, Congress shrinks from using its powers as a check and balance, and all three branches of government are dominated by one party, the independence of Supreme Court nominee, Judge Neil Gorsuch, is essential.