Supreme Court is topic at next presidential debate; what questions should be asked?
The U.S. Supreme Court is among the topics that will be on the agenda at the third and final debate Wednesday between Hillary Clinton and Donald Trump.
Bloomberg News has some suggested questions, while Law.com (sub. req.) asked Supreme Court practitioners for their recommendations. Here are some of the suggestions:
• On gay marriage: Trump said he would “strongly consider” appointing justices who would overturn the U.S. Supreme Court Obergefell decision finding a constitutional right to gay marriage, though past statements have indicated his views may be “evolving,” according to Bloomberg News. The publication and Theodore Boutrous Jr. of Gibson, Dunn & Crutcher both suggest questions on the issue.
• On gun rights. Clinton has said she respects the Second Amendment. Does she believe District of Columbia v. Heller was properly decided, or does she believe the court was wrong to protect the individual right to own a gun?
• On Supreme Court nominees: Hank Asbill of Jones Day suggests asking Trump whether he would consider appointing Chris Christie or Rudy Giuliani to the U.S. Supreme Court. Bloomberg News suggests asking Trump whether he will consider picking anyone who isn’t on his two lists of potential nominees.
Clinton should be asked whether she would renominate Merrick Garland to the U.S. Supreme Court if he is not confirmed in a lame-duck session, Bloomberg says.
• On litmus tests. Carter Phillips of Sidley Austin suggests asking both candidates whether they will have litmus tests for nominees. If so, what are the tests they will use? Phillips and Bloomberg both suggest asking Clinton whether she will insist her nominees agree to overrule Citizens United. Phillips also suggests asking Trump if his tests, if he has any, would go beyond overruling Roe v. Wade and maintaining Heller.
