Note: This article may contain commentary reflecting the author's opinion.

Rep. Alexandria Ocasio-Cortez (D-NY) signed on to a letter with fellow Rep. Ted Lieu (D-CA) Monday, calling on Sen. Chuck Schumer (D-NY) and the entire upper chamber to label Supreme Court Justices Brett Kavanaugh and Neil Gorsuch liars, for their hand in overturning Roe v. Wade.

Lieu tweeted out the letter, tagged AOC, and further accused members of the High Court of being dishonest with the public, regarding their actual views.

“Our Constitutional Republic cannot tolerate Supreme Court Justices who lied in order to get confirmed. The legitimacy of the Court is at stake,” he wrote. “Letter from @AOC and me requesting the Senate to make a finding on whether Justices Kavanaugh and Gorsuch lied to the American people.”

The letter itself cited quotations from each Judge during their Senate proceedings and claimed, “as nominees during their confirmation hearings, the Justices did not tell the American people, or the United States Senate that Roe was ‘egregiously wrong from the start’ or that ‘Roe and Casey represent an error that cannot be allowed to stand.’ In fact, they expressed the exact opposite position.”

Several Democrats and even some Republicans have expressed similar concerns, contending Gorsuch and Kavanaugh misled the Senate regarding how they would treat a formal challenge to Roe v. Wade. Remarks by Sen. Susan Collins (R-ME) encapsulate this line of thinking, as reported by Fox News.

“This decision is inconsistent with what Justices Gorsuch and Kavanaugh said in their testimony and their meetings with me, where they both were insistent on the importance of supporting long-standing precedents that the country has relied upon,” Collins claimed.

AOC agreed with the Maine Republican, arguing that, “we cannot allow Supreme Court nominees lying and/or misleading the Senate under oath to go unanswered. Both GOP & Dem Senators stated SCOTUS justices misled them. This cannot be accepted as precedent.”


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Despite these childish objections and schoolyard requests to label political opponents as “liars,” precedents are overridable. Even if a decision is “egregiously wrong from the start”, that says nothing about Roe’s status as a precedent — which all the Justices accept.

As with other precedents, however, the evidence compelled the High Court to overrule the old law. After all, Roe had already been partially overturned by Casey.

A Supreme Court Justice is not supposed to reveal how they will treat the details of a specific — or even a hypothetical — case. The moment they do, they show bias that could imply stubbornness in the face of potential evidence.

In this scenario, Republicans exercised the trademark “open-mindedness” of the Democrats. The Justices all answered truthfully — revealing how they felt about the issue at hand, which was not a hypothetical counter case ala Dobbs.

In any event, the evidence does not justify the two representatives’ absurd conclusion. We need more evidence to impugn the characters of two Justices in good standing, who each have nearly impeccable records while serving on the bench.