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Mike Lee

Congress Poised to Pass $40 Billion in Taxpayer Funds for Ukraine Aid

May 17, 2022 by Kristina Wong Leave a Comment

Filed Under: Breitbart, Chip Roy, Department of Defense, Mike Lee, NATO, News, Politics, Russia, Ukraine

Sen. Mike Lee schools Democrats with pro bono legal lesson after they claim SCOTUS justices were dishonest

May 6, 2022 by Chris Enloe Leave a Comment

Republican Sen. Mike Lee (Utah) schooled Democrats on Thursday who claim that Supreme Court justices who favor overturning Roe v. Wade lied during their Senate confirmation process.

What is the background?

After a leaked opinion draft written by Supreme Court Justice Samuel Alito showed that five Supreme Court justices — Alito, Clarence Thomas, Neil Gorsuch, Brett Kavanaugh, and Amy Coney Barrett — are prepared to overturn Roe v. Wade, some lawmakers have accused the justices of dishonesty.

Every Supreme Court nominee is pressed about abortion precedents and the law doctrine of stare decisis during their Senate confirmation hearings. To avoid unethically revealing how they will vote if the issue comes before them on the court, justices typically provide general answers about respecting judicial precedents.

However, as Lee pointed out, respecting judicial precedents is not and should not be equated with never reconsidering their legality. In fact, overturning landmark precedents because of markedly improved jurisprudence has a long history in the United States.

What did Lee say?

During a Senate Judiciary Committee meeting on Thursday, chairman Dick Durbin (D-Ill.) charged that Alito had been dishonest during his confirmation hearings. Lee swiftly disproved such accusations and gave the committee a pro bono lesson in legal doctrine.

“I remember when [Alito] gave that testimony,” Lee began. “He was correctly characterizing the standard under stare decisis. Stare decisis, of course we have to remember, is not an inexorable command — far from it.”

Lee continued:

Stare Decisis takes generally the approach that it’s better to have things settled up than settled right. Now that’s the general principle. But it has limits. One of those limits is— you know, it’s one thing to follow precedent when you’re interpreting a statute. A statute can be changed; the Constitution can’t be changed except under the very rigorous standards outlined by the Constitution and that’s why it’s difficult — it’s intentionally difficult — that’s also why we give diminished deference to precedent under the doctrine of stare decisis when it comes to a provision of the Constitution.”

After explaining how stare decisis actually functions, Lee observed that “it’s actually quite difficult to defend Roe.”

“And the fact that you’re having to rely on stare decisis to begin with says something about the fact that it’s hard to defend Roe as an original matter [and] impossible to defend Roe as a textual matter,” Lee said.

“There is nothing deceptive about saying that Roe being precedent is entitled to respect. That’s the whole point of the doctrine of stare decisis,” he explained. “The fact that the doctrine dictates that precedent be given due respect is not the end of the analysis; it states the reason for the analysis.”

“I think it’s unfortunate to denigrate the character and truthfulness of one of the most honest, decent human beings ever to serve in the federal judiciary and on the Supreme Court of the United States,” Lee exclaimed.

“But more to the point here: I’d hope that you’d stop and consider the fact that nothing in his answers have proved untruthful.”




Sen. Lee Addresses SCOTUS leak in Senate Judiciary Hearing

www.youtube.com

Filed Under: Abortion, Dick Durbin, Mike Lee, News, Precedent, Roe v. Wade, Stare decisis, Supreme Court, The Blaze

Lee: SCOTUS should 'immediately' release final Dobbs v. Jackson opinion

May 3, 2022 by Chris Pandolfo Leave a Comment

Senator Mike Lee (R-Utah) on Tuesday said the Supreme Court ought to immediately release its final decision on Mississippi’s 15-week abortion ban after a draft opinion for the case that would overturn Roe v. Wade was leaked to the media.

Chief Justice John Roberts has confirmed that a draft court majority opinion in Dobbs v. Jackson Women’s Health Organization published by Politico Monday is authentic. The opinion, written by Justice Samuel Alito, offers a full-throated rejection of abortion rights precedents established in the court’s 1973 Roe decision and a subsequent 1992 decision in Planned Parenthood v. Casey.

“We hold that Roe and Casey must be overruled,” Alito writes. “It is time to heed the Constitution and return the issue of abortion to the people’s elected representatives.”

Roberts blasted the leak as a “betrayal” and has ordered an investigation to determine its source.

Lee, a former clerk for Alito, said the leak is “stunning” in an interview with BlazeTV host Glenn Beck Tuesday.

“As a former law clerk, I clerked for Justice Alito. I can tell you, law clerks are expected to keep utmost confidentiality and decorum. It’s a respectul, collegial, and even friendly work environment. And I can’t imagine the damage this leak will bring the atmosphere and the operation of the court,” Lee said.

Lee told Beck that as a member of the legislative branch, it was not his place to tell another branch of government what to do. But he shared his opinion that the Supreme Court should issue the final decision on Dobbs “immediately.”

“I still don’t know who leaked this and what their motives are,” Lee said. “Maybe they wanted to leak it so as to make it difficult for justices planning on signing it.”

He suggested that the court could release an unsigned order announcing the result of the case with an opinion to follow, to dissuade future attempts to threaten, intimidate, or harass justices into changing how they vote on controversial cases.

“I think it would be good for the court to signal that this is done,” Lee said.

Like many other pro-life conservatives, the Utah lawmaker welcomed the court’s expected decision overturning Roe.

“There’s nothing in this decision making abortion unlawful. That is a fallacy. A fallacy pushed by the left to scare people. What this is saying is that decisions regarding abortion will be made by lawmakers. Primarily, almost exclusively, at the state level. Not at the federal level,” he told Beck.

“This opinion, as drafted — I hope and pray this is in fact an opinion of the court, as it purports to be — because as written, it uproots Roe and Casey, root and branch. It doesn’t leave anything left of them. It simply makes the case that these are decisions for state lawmakers. Not decisions for federal judges.”

Filed Under: Abortion, Congress, Dobbs v. jackson women's health, Mike Lee, News, Roe v. Wade, Supreme Court, The Blaze, Us senate

Why Would Any Conservative Vote for Evan McMullin?

April 27, 2022 by David Harsanyi Leave a Comment

Filed Under: Conservatives, Evan McMullin, Mike Lee, National Review, News, Politics & Policy, Utah

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