Rumors of a possible Supreme Court retirement this summer have Washington buzzing with anticipation. Adding to the intrigue is the controversial nomination of Goodwin Liu for the 9th U.S. Circuit Court of Appeals. Senate Republicans used a procedural move Wednesday to postpone Liu’s hearing. But the delay will likely do little to lower the stakes surrounding his nomination. Liu’s outspoken opposition to the nominations of Chief Justice John Roberts and Justice Samuel Alito made him a hero of the far left. And his stance on issues ranging from welfare rights to …
Sometimes judicial activism isn’t about who wins the case. It may be that the Supreme Court got it right today when it ruled that school officials violated the constitutional rights of 13-year-old Savana Redding when they ordered her to shake out her underwear to see if she was hiding more of the prescription pain pills found on a schoolmate. But one thing it didn’t do is provide any kind of guidance for school officials who now face the prospect of liability for violating this new rule… whatever it is. This …
The Heritage Foundation released the following statement yesterday by former U.S. Attorney General Edwin Meese III concerning the announcement of Justice David Souter’s pending retirement from the Supreme Court. Meese is chairman of Heritage’s Center for Legal and Judicial Studies. “Justice Souter’s decision to retire presents President Obama and the U.S. Senate with a decision of great and lasting importance. Although no originalist, Justice Souter rejected a liberal, activist approach on a number of important cases, particularly in the areas of crime, punishment, and lawsuit abuse. Supreme Court appointments are …
Though certainly no originalist, Justice David Souter is not a complete judicial activist, either. On a number of cases and issues, he has rejected the activist “empathy” standard promoted by President Obama to instead cast votes and write opinions that are in accord with the demands of the Constitution and the rule of law. And in a number of cases, particularly in the areas of crime and punishment and lawsuit abuse, he has broken ranks with the Court’s more liberal wing to do so. Here is a sampling of some …
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 …
