Sen. Josh Hawley is set to meet with President Trump’s nominee to replace Justice Brett M. Kavanaugh on the federal appeals court in Washington, D.C. Wednesday, one day before the committee will vote on the confirmation.
Their meeting comes after the Missouri Republican raised questions to Naomi Rao earlier this week about her judicial philosophy.
Mr. Hawley, who is a member of the Judiciary Committee, said he noticed Ms. Rao’s academic writings on substantive due process, which was the legal doctrine the high court relied on when issuing Roe v. Wade, the case that established a nationwide right to abortion.
“I get worried anytime I see a candidate for the bench who takes a warm view for substantive due process because to me that’s just code for making stuff up from the Constitution,” Mr. Hawley told radio host Marc Cox on Monday.
The committee is scheduled to take up Ms. Rao’s nomination when it meets Thursday.
Ms. Rao is currently an official with the White House Office of Management and Budget.
Carrie Severino, chief counsel for the conservative Judicial Crisis Network, said Mr. Hawley is getting Ms. Rao wrong.
“Neomi Rao is President Trump’s nominee to the second highest court in the land because she is committed to the Constitution and because she has been a warrior in President Trump’s fight against government overreach,” Ms. Severino said.
• Alex Swoyer can be reached at aswoyer@washingtontimes.com.
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