"For a district court, all Supreme Court precedent is superprecedent in that it is binding on all district courts. If confirmed, I would fully and faithfully apply Roe and its progeny," Stickman stated in response to a question from Sen. Dianne Feinstein (D-Calif.). Brown responded to the same question from Feinstein that he would also uphold Roe as the law of the land, as well as Obergefell.
"If confirmed, I will faithfully apply Obergefell," Stickman said in response to Feinstein's question on Obergefell.
Both nominees were also pressed by Feinstein on whether corporations may claim religious freedom rights under the First Amendment. In 2014, the Supreme Court said that Hobby Lobby, as a "closely-held corporation" with its owners posing religious objections to the Obama administration's contraceptive mandate, did not have to comply with the mandate.
Stickman said that corporations could make their case in court under the Religious Freedom Restoration Act-the law that Hobby Lobby appealed to-but that the Court did not decide their right to "assert a claim under the free exercise clause of the First Amendment."
Brown, for his part, said that he would be "bound" by the Hobby Lobby decision and that the question of corporations invoking religious freedom claims involved pending litigation and it would be "inappropriate for me to comment further."
Responding to questions from Sen. Chris Coons (D-Del.), Brown said that there was a "right to privacy" under the Constitution that "protects" rights to use contraceptives and obtain abortions.
Brown was also asked about an endorsement his campaign received from Texas Right to Life PAC when he ran for the Texas Supreme Court. He responded that judges in Texas run on "partisan elections" and that as a federal judge he would not participate in any political activity.
Matt Hadro was the political editor at Catholic News Agency through October 2021. He previously worked as CNA senior D.C. correspondent and as a press secretary for U.S. Congressman Chris Smith.