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Judiciary nominees pressed on whether executive officials may defy lower-court orders
Summary
Nominees for Justice Department and related posts repeatedly declined a single-word answer when senators asked whether executive officials can lawfully refuse to follow a lower-court order, prompting sustained questioning about the rule of law and the role of the Office of Legal Counsel.
Three of President Trump’s nominees testifying before the Senate Judiciary Committee faced repeated, pointed questions about whether executive-branch officials can lawfully refuse to follow orders from lower federal courts.
The issue emerged as a central line of questioning during the confirmation hearing for Stanley Woodward (nominee for Associate Attorney General), Elliott Geiser (nominee for Assistant Attorney General, Office of Legal Counsel), John Squires (nominee for Undersecretary of Commerce and Director, United States Patent and Trademark Office) and Joseph Edlow (nominee for Director, U.S. Citizenship and Immigration Services). Senators raised the possibility that officials might decline to obey district-court rulings they expect the Supreme Court to overturn.
The exchanges began when Senator Dick Durbin asked the panel,…
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