At today's Senate Judiciary Committee hearing, Sen. Blumenthal asked 9th Circuit nominee Ryan Nelson if Brown v. Board was correctly decided. Nelson says it was, "like all Supreme Court precedent." Blumenthal called that answer "intellectually dishonest"
Blumenthal asked if Nelson's response meant that he thought Plessy v. Ferguson was correctly decided when it was decided. Nelson replied that Brown reversed Plessy, and "some, many, most, everyone that I know would suggest that's a good thing"
Blumenthal presses, saying he's not asking if every case was correctly decided. Nelson replies that Brown was correctly decided, with no qualifier at the end. But then when Blumenthal asks if Roe was correctly decided, Nelson says it was, "like all Supreme Court precedent"
Nelson gives the same answer when Blumenthal asks if Griswold and Loving were correctly decided, saying they were, "like all Supreme Court precedent." Blumenthal then moved on
Past nominees have declined to answer these questions, saying it wouldn't be appropriate to opine on the correctness of Supreme Court precedent, since they might face similar issues if confirmed. Nelson's answers are different, but appear to be in the same vein
