Concerns about Rao's commitment to an originalist approach to the Consitution also reflected anxieties of pro-life campaigners who had concerns she may be philosophically sympathetic to a consitutional right to abortion, rather than merely committed to defering to it as established precedent.
Sen. Joni Ernst (R-IA) was also concerned with Rao, particularly her college newspaper op-eds concerning sexual assault and women. In some of the writing’s Rao made observations about the context in which assaults could take place which some observers said came close to victim-blaming.
Ernst, herself a survivor of sexual assault, said that she found the writings to be “abhorrent,” but also said she had since been satisfied about Rao’s suitability and agreed to vote her through to a final confirmation vote in the Senate.
During Rao’s confirmation hearing, Sen. Cory Booker (D-NJ), who is now running for the Democratic nomination for president in 2020, quizzed her about her views on morality, gay marriage, and sin.
Booker asked Rao to comment about whether she believed marriage only could exist between a man and a woman, or if two she thought men in a sexual relationship was immoral. Rao declined insisted that it was not her place asa judicial candidate or judge to opinion on the nature of sin, and said she would follow precedent if she were confirmed to the bench.
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Currently, Rao is the administrator of the Office of Information and Regulatory Affairs, and has taught law at George Mason University. She previously served in the White House counsel’s office under president George W. Bush and as a staffer for the Senate Judiciary Committee.
The final confirmation vote is expected in March.