Supreme Court Justice Souter to announce his retirement
I (Jay Sekulow) was interviewed by FOX News this morning (watch it here) discussing the reports that Justice David Souter is about to tender his resignation from the Supreme Court to President Obama. (I’m scheduled to be on The Sean Hannity Show tonight as well.)
Any time there is a shift of personnel on the Supreme Court of the United States, it has significant consequences.
Although Justice Souter was appointed by former (Republican) President George H.W. Bush, he tended to vote with the liberal wing of the Supreme Court of the United States.
President Obama’s upcoming appointment will likely serve for three decades. It should be no surprise that the President’s judicial philosophy will be reflected in his Supreme Court nominee.
This being said, the reality is that a Justice Souter replacement will more than likely maintain a strict view of church-state separation, will apply international precedence to the U.S. Constitution, and will be strongly in favor of abortion rights.
It is also important to note that while the Constitution gives the President the authority to nominate and appoint, the same Constitution gives the Senate the role of advice and consent. While it is true that there is almost a filibuster-proof majority in the Senate, it is imperative that there be fair and open hearings exploring the judicial philosophy of the nominee. One critical question that must be asked concerns the role of the judge in our constitutional republic.
Any nominee the President puts forward must understand his or her role as judge -specifically, that he or she is NOT to be serving in a legislative capacity.
Based on what the President has stated during the campaign, I have serious concerns about the nature of the next nominee, specifically with regard to judicial philosophy.
I have already instructed our office of Governmental Affairs in Washington, D.C., as well as our Senior Research Counsels, to begin the preparation process to review each and every opinion of any nominee to the Court. We will probe the judicial philosophy and the Court’s opinions in order to understand the nature and temperament of the President’s nominee.
There is no doubt this will be another significant change for the Supreme Court … and the future of our nation. The fact is that the Constitution must be followed.
Thank you for your support. Visit www.aclj.org and listen to Jay Sekulow Live! today and next week - we’ll be releasing more details as they become available.
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