/https://specials-images.forbesimg.com/imageserve/5f871bd3df150bb7d3859662/0x0.jpg?cropX1=0&cropX2=5831&cropY1=292&cropY2=3573&w=1200&resize=1200,675&ssl=1 "Amy Coney Barrett Says Supreme Court Can’t Force The President To Obey Its Decisions")
Topline
As Democrats continue to raise concerns about whether President Trump will peacefully transfer power if he loses the election, Supreme Court nominee Amy Coney Barrett, who has refused to comment on whether presidents must commit to this, said Wednesday that the court actually has no power over “whether or not a president obeys” its decisions.
Supreme Court nominee Judge Amy Coney Barrett testifies before the Senate Judiciary Committee on … [+]
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Key Facts
“As a matter of law, the Supreme Court may have the final word, but the Supreme Court lacks control over what happens after that,” Barrett said.
Barrett cited the example of Brown v. Board of Education, when after the Supreme Court’s decision to desegregate schools, the National Guard had to enforce the ruling.
Democrats have raised the topic of limits on the president under the Constitution multiple times throughout this week of Senate Judiciary Confirmation hearings for President Trump’s Supreme Court pick.
Barrett has refused to comment on whether presidents must commit to a peaceful transfer of power, which Democrats raise as a real possibility and threat come November, as President Trump has refused to clearly commit to the process.
Additionally, citing the customs of judges at confirmation hearings not to prejudge cases, Barrett on Wednesday would not comment on whether the president can pardon himself, as President Trump said in 2018 he had the “absolute right” to do.
Crucial Quote
“The Supreme Court has no power, no force, no will, so it relies on the other branches to react to its judgments accordingly,” Barrett said.
Key Background
These comments will likely fuel concerns among those who believe Trump will fight the election’s results in November. Senate Democrats have suggested during the hearings that Trump is attempting to rush through Barrett’s confirmation before the presidential election so the Supreme Court has a conservative majority to give him a leg up if a case were to go to the Supreme Court. Several Democrats have even asked Barrett to recuse herself from all election-related cases if she is confirmed. Barrett, in response, has insisted she is independent of the president and has not been asked by the White House to rule in any certain way.
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