Neomi Rao is the latest Trump judicial nominee to refuse to say whether she thinks Brown v. Board. of Education was correctly decided. She joins a growing list of Trump picks who refuse to endorse this iconic Supreme Court decision.
The stated reason is that they don’t want to start down a slippery slope of endorsing and rejecting decisions. That explanation is nonsense, since there are many sticky footholds along the descent from Brown to cases now pending in the courts. The more credible reason is that they don’t want to have to embrace or reject Roe v. Wade. Nor do they want to have to explain why they would endorse Brown, but refuse to opine on Roe, thereby consigning Roe to a less secure class of decisions.