This content details a Senate Judiciary Committee hearing where Senator John Kennedy questions Nancy Abudu, a nominee for the U.S. Circuit Judge position, focusing on her past statements and understanding of legal doctrines, particularly concerning voting rights and the Southern Poverty Law Center's (SPLC) reports.
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i'm brittany lewis with forbes breaking
news at today's senate judiciary
committee hearing senator john kennedy
questions nancy abudo nominee to be
united states circuit judge for the 11th circuit
circuit
after a series of rapid fire legal
questions kennedy asks ibudu about a
2021 instance where southern poverty law
center uses the term racist white
southerners in a report regarding
louisiana's alleged infringement on
minorities voting rights
nancy obudu serves as the splc strategic
litigation director here's the exchange
thank you mr chairman uh judge ms abudhu
uh congratulations i want to just talk
to you at least initially a little bit
about the law um
um
mr budu what what is the
what's the adequate and independent
state grounds doctrine
thank you senator kennedy you're welcome
in my practice i actually haven't had an
opportunity to use that principle or
doctrine but my general understanding is
that it speaks to the fact that if a
federal court is able to resolve an issue
issue
based on state law grounds then that is
what should lead in terms of the court's
ultimate decision okay what is the
selective incorporation doctrine
that also in the voting rights or civil
rights context is a term that i haven't
had to come across
but what i do know is that as a legal
research and writer and for sure
confronting possibly
new areas of law i look very forward to
doing my due diligence in terms of
making sure i'm familiar with doctrines
such as that one
do you know what it is so no i'm not
familiar with it
okay you're going to see a lot of it if
you're confirmed on the 11th circuit um
can congress pay it past any law that
based on the frame of your question i
would say yes that sounds right so you
think congress has plenary power well i
would first look to what the supreme
court has said in terms of following
precedent no but i'm i'm i'm interested
if i
could uh counseling your opinion
is the united st does the united states
congress have delegated powers or
plenary power
well the congress has both i would say
from my general understanding again it
depends on the context and the issue but
it is
can you explain the difference to me
between strict scrutiny and intermediate scrutiny
scrutiny
senator strict scrutiny is the highest
level of scrutiny that's often applied
in constitutional cases
i'm sorry go ahead excuse me so it
requires that a state when enacting a
law or regulation have a compelling
governmental interest for doing so and
that the law is narrowly tailored to
achieve that interest okay and then
intermediate did you see yeah okay so intermediate
