Trump Judge Nominee Questioned on Executive Power and Appropriated Funds

Executive Power and Congressional Appropriations

• 🏛️ Senator Coons questioned Jennifer Mascott, nominee to the U.S. Circuit Court for the Third Circuit, about President Trump's authority to refuse spending of Congressionally appropriated money.
• ⚖️ Coons cited Mascott's past brief arguing that "the power of the purse is one of Congress's most potent checks on the executive branch."
• ❓ Mascott stated she had been asked a discreet question on the constitutional issue prior to the current administration but could not comment further as a judicial nominee.

Humphrey's Executor and Precedent

• 📜 Mascott affirmed her past academic stance that the Supreme Court's 90-year-old case, Humphrey's Executor, was wrongly decided.
• 🧑‍⚖️ She committed to applying Supreme Court precedent fully as a lower court judge, noting the Court's own recent characterization of Humphrey's Executor as a narrow exception.
• 🤝 Coons expressed concern that Mascott's prior advocacy against Humphrey's Executor undermines confidence in her upholding this precedent.

Removal of Executive Officials

• ❓ Mascott was asked if Congress can constitutionally restrict the removal of any executive branch official.
• 🗣️ She stated that the contours of Congress's power to constrain the president's supervisory power are currently contested in courts and declined to speak to the absolute merits.
• ✅ Mascott reiterated her commitment to faithfully apply the text and structure of the Constitution and Supreme Court decisions if confirmed.