WASHINGTON
— Asked whether it would be legal to apply a religious litmus test to
people entering the United States, Judge Neil Gorsuch said Tuesday that
he was unable to comment since courts are currently litigating that
issue.
“That’s
an issue that’s currently being litigated actively, as you know,
”
Gorsuch responded to Sen. Pat Leahy, D-Vt., declining to answer while
taking questions during the Supreme Court nominee’s second day of Senate hearings.
Gorsuch was referring to President Trump’s travel ban, which critics say is a scaled-back version of his campaign promise to temporarily bar all Muslims from entering the U.S.
The revised executive order, which has been blocked by a federal judge,
blocks visitors from six majority-Muslim countries. Trump has vowed to continue fighting for his travel ban.
Leahy
then asked Gorsuch whether a “blanket religious test” — for example,
that no Jewish people could enter the country — would be constitutional.
“Senator,
we have a free exercise clause that protects the free exercise of
religious liberties by all persons in the country,” Gorsuch said. He
also said it would be illegal for the military to apply a religious test
to recruits.
Leahy
said he wanted to know more about Gorsuch’s views on Trump’s travel ban
since, as the Vermont senator characterized it, a member of Congress
said that confirming Gorsuch would be the best way for the president to
uphold his campaign promise to bar Muslims from the U.S. Leahy’s office
told Yahoo News he was referring to Rep. Mo Brooks, R-Ala., who said
Trump should get Gorsuch on the Supreme Court before it rules on the
travel ban.
“Senator,
a lot of people say a lot of silly things,” Gorsuch replied. “He has no
idea how I’d rule in that case. And senator, I’m not going to say
anything here that would give anybody any idea how I’d rule on any case
like that that would come before the Supreme Court.”
He added it would be “grossly improper” for a judge to preview how he or she would rule on any future case.
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