This morning, President Barack Obama announced the nomination of Judge Sonia Sotomayor to the Supreme Court of the United States. While this may seem like the culmination of a long process, it actually marks just the beginning–really, the very first step–of the confirmation process laid out in our Constitution. President Obama’s aggressive confirmation timetable–he is demanding hearings and a vote before Congress leaves for its August recess–risks shortchanging the Constitution’s commands. The Appointments Clause (in Section 2 of Article II) states that the President “shall nominate, and by and with …
Today, President Obama announced Sonia Sotomayor as his nominee to replace Justice Souter on the Supreme Court. Any nomination for a lifetime appointment to the Supreme Court deserves careful review by the Senate. Nominations should be judged by a common standard: will they apply the Constitution of the United States and the law as it is written and according to its original meaning, or will they use the lifetime appointment to enact policy preferences from the bench. This standard is particularly important for Judge Sotomayor, who has made disturbing statements …
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 …
