Barr, Sessions suggest Harris, Trump debate questions on Supreme Court

William Barr, Jeff Sessions and two other former U.S. attorneys general have suggested two debate questions about the Supreme Court for Vice President Harris and former President Trump’s scheduled Sept. 10 showdown on ABC News. 

Signed by Barr, Sessions and fellow former Attorneys General Michael Mukasey and Edwin Meese, a letter to ABC moderators and executives proposes that the candidates explain their positions on expanding the size of the Supreme Court and describe the criteria they’d consider for a nominee if a vacancy should arise during their presidency. 

“In the wake of recent U.S. Supreme Court decisions, including the Dobbs decision overturning Roe v. Wade, a national debate has arisen over the structure and role of the U.S. Supreme Court. However, the presidential candidates have had little opportunity to explain their stances on this crucial issue,” the letter reads. Kelly Shackelford, president and chief counsel for First Liberty Institute, is also a signee. 

“As Americans prepare to vote for president, it would be helpful and appropriate for them to hear how former President Trump and Vice President Harris would seek to impact the Court,” the letter argues. 

The Hill has reached out to ABC for comment.

Harris and Trump are set to face off on the debate stage next month in a Philadelphia appearance moderated by ABC’s David Muir and Linsey Davis. Trump already went head-to-head with President Biden in a debate seen as a driver behind the incumbent’s historic exit from the race.

The campaigns clashed this week over disagreement about debate rules, raising questions about whether the event would move forward, but Trump said Tuesday that he’s agreed to the terms. 

The debate is set to be a high-stakes event on both sides of the aisle as Trump and Harris head toward a competitive election. The Hill/Decision Desk HQ national polling average shows Harris with a 4.3 percentage point lead, a shift from when Biden was trailing Trump in late July, but the newly minted Democratic nominee must now maintain her momentum as she faces the upcoming debate and her first major interview.

Questions are already swirling about what topics Harris and Trump will address on the ABC stage next month. Barr, who served during the Trump administration, and Shackelford have previously expressed concerns about Biden’s reform proposals for the nation's highest court, including term limits and a code of ethics.

Trump nominated Barr in 2018 to replace Sessions, who was forced out after that year's midterm elections. Meese served in the Reagan administration, and Mukasey served under former President George W. Bush.