Ashley Moody Questions Judicial Nom On Judges 'Exceeding Their Scope Of Power'

Senator Moody. Thank you Mr. Chairman and thank you again to not just those that are sitting at the table today taking the tough questions so that they can serve the people but to all the family members that showed up and are standing behind them. I know what that means to stand behind someone offering themselves up to serve and a nominee that's right here at a table like this and so thank you for being here with them. I think they would probably turn around and tell you it's easier knowing you're at their back so thank you for being here. As a prior judge myself coming from a family of judges one of the things I think is most threatening to our nation at this moment in time is the public beginning to believe that there are judges in this country and I think the actions of some would demonstrate that that belief might be merited are treating in their black robes for blue jerseys and that is not what this very delicate balance of the separation of powers ensures. In fact for this country to remain the greatest nation on the face of this earth that has come up with this way of we the free people governing ourselves we have to have men and women of integrity serving on the bench that understands their job not just what it entails but what it does not entail and the concept of judicial restraint and I would like to start with you Ms. Benton. You are actually coming from the state court a trial court level a circuit court judge. I was a circuit court judge myself and this is a big transition going from a state court judge to a district court judge. Tell me a little bit about why you think being a state court judge benefits you moving into a new jurisdiction the federal jurisdiction and specifically your thoughts on the concept of judicial restraint. So thank you as a state court judge in Missouri I preside over jury trials, I preside over bench trials, I preside over hearings, I'm in the courtroom daily and the Missouri rules of federal procedure are nearly identical to the federal rules of civil procedure. Additionally as a district court judge if I'm so fortunate to be confirmed over half of my civil cases will be cases sitting in diversity where I will apply Missouri state law and I believe that that well prepares me for the office of a federal district judge and on the concept of judicial restraint I believe that judges are independent and free of the political process for a reason. Under article one and article two the executive and the legislative branches were held accountable and meant to hold be held accountable to the people through the electoral process. Judges are insulated from that process because they have to make impartial decisions based on the law and from time to time those are counter-majoritarian so it's very important that a judge realizes that her job is to interpret the law as it is written and apply the law. Were there instances Mr. Burroughs of judges exceeding their scope of power that you were faced with when you were working within the attorney general's office? Thank you for the question Senator. The short answer is yes and there were political restrictions on that. It was the position of our office certainly that the Kansas Supreme Court had overstepped its proper bounds under the state constitution several times. Right now the citizens of Kansas are considering a constitutional amendment to change how those judges are selected so there are ways to counteract those things but under our system of government I think it is exceptionally important that congress stay in its lane that the executives stay in its lane and that judges stay in their lane. That's the system of government that the founders designed and that has endured since 1787 and part of the reason that it has endured is because it was finely tuned but it only works when everybody's doing their job. And I want to thank the president who is making nominations now people who understand that the role of a judge there is a limit on power and it is absolutely essential that we have people offering themselves up to service that understand the importance of that for the continuity and success of this incredible nation of ours. So again thank you for being here, thank you for serving we the people, we are very grateful and I look forward to supporting your nominations. Senator Blumenthal. Thank you Senator.