Senator took the opportunity to question the former attorney general who was fired for refusing to defend President Trump’s travel ban.
Yates said she believed the intent of the order was to discriminate against Muslims trying to come to the United States.
She added that if it were an act of Congress, she would still have refused to defend it, pointing to the Obama Justice Department refusing to defend the Defense of Marriage Act.
Kennedy asked Yates to tell him at which level of government an act becomes unconstitutional.
Yates repeated that she could not send lawyers to defend a lawsuit that would be brought against Trump without admitting the order’s intent was discrimination.
“Who appointed you to the United States Supreme Court?” Kennedy asked.
Watch the exchange.