During a confirmation hearing for nominees chosen for high-profile posts within the Department of Justice, two of President Donald Trump's appointees wouldn't rule out disobeying federal court orders.
NBC News reported Wednesday that both Aaron Reitz and Dean John Sauer (who have been nominated as assistant attorney general and solicitor general, respectively) suggested to senators that they may ignore a ruling from a federal judge that they disagree with. While neither Reitz — who is chief of staff to Sen. Ted Cruz (R-Texas) — or Sauer outright said they would ignore a ruling, both gave cagey answers and notably didn't once definitively say that they would always abide by judges' decisions.
Sauer in particular hinted that he could disregard future orders, in citing two maligned Supreme Court cases: Korematsu v. United States and Dred Scott v. Sandford. In the Korematsu decision handed down in 1944, the Supreme Court ruled that the government had the right to detain Japanese Americans in remote prison camps. In the 1857 Dred Scott case, the Court ruled that slaves did not have the same protections as citizens and lacked standing to sue in court. Both decisions have been widely regarded as some of the worst in the Supreme Court's history.
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"I just wonder whether some historians might think we’d be better off if it [Korematsu] hadn’t been followed," Sauer told Senate Judiciary Committee ranking member Dick Durbin (D-Ill.) during the hearing.
While Democrats and Republicans on the committee were typically divided in their support of Trump's nominees, Sen. John Neely Kennedy (R-La.) agreed with Democrats who were concerned about the possibility of DOJ officials disregarding the federal judiciary. NBC reported that Kennedy took a veiled jab at former President Joe Biden's administration in his warning to Reitz and Sauer that they shouldn't entertain the idea of disobeying federal judges. He noted that the federal bench relies on its "legitimacy" as it doesn't have an "army" at the ready to enforce its orders.
“Don’t ever, ever take the position that you’re not going to follow the order of a federal court. Ever. Now, you can disagree with it. Within the bounds of legal ethics you can criticize it. You can appeal it, or you can resign,” Kennedy said. “For four years, I have watched people in this town — not all, not, not everybody — but many try to undermine the legitimacy of the federal judiciary and it triggered each and every time my gag reflex."
Earlier this month, Vice President JD Vance opined that the Trump administration was being unfairly treated by federal judges striking down some of his executive actions, like his order attempting to repeal birthright citizenship (which is guaranteed by the Constitution) and his order freezing federal funds already appropriated by Congress from being disbursed. But the administration appears to already be flouting the latter order, as some nonprofits have said they still can't access federal grant money that had already been approved.
Click here to read NBC's report in full.