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A Supreme Court Vacancy: What’s at Stake, What’s Required
Posted By Todd Gaziano On May 1, 2009 @ 11:36 am In Rule of Law | 3 Comments
The news that Justice David Souter will be resigning from the Supreme Court has left some conservatives momentarily confused. It should not. As much as Justice Souter disappointed those faithful to the Constitution, and those disappointments are legion, he was reasonable or even sound in several key areas (more will be forthcoming from my colleagues on that). Any Supreme Court appointment is momentous, but what is at stake now is a potential shift from a center-left justice to a far-left justice.
This is what all Americans have a right to expect of a qualified judicial nominee, especially for the High Court:
And all Americans should expect the U.S. Senate to carefully explore and guard against unacceptable qualities:
President Obama’s past statements provide reason for concern that he does not understand these fundamental principles or that he does not agree with the limited role that judges have under the Constitution.
In the coming months, Heritage will explain in detail why the role of judges is not to make new and supposedly “better” law according to their own personal, political and social beliefs–it is to apply the text as written. Americans want the representatives they elect to Congress, who are answerable to the people through our elective process, making the law, not unelected federal judges. And this is what our constitutional system requires.
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URL to article: http://blog.heritage.org/2009/05/01/a-supreme-court-vacancy-what%e2%80%99s-at-stake-what%e2%80%99s-required/
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