By contrast, judges in the lower Federal courts are bound by precedents of the Supreme Court. Notwithstanding their personal views, their obligation is to follow and interpret the law in a manner consistent with the Supreme Court's precedents. Moreover, lower court justices can be reversed when they err. As a member, and for the last 7 years as chairman, of the Judiciary Committee, I have relied on a three-pronged standard that has traditionally guided the Senate in evaluating lower court nominees. Again, I do not presume that because this is my standard there is nothing in the Constitution that says that under the advise-and-consent clause any Senator has to adopt a particular standard. I want to make that very clear. But what I also want to make clear is that is a standard which I have adopted, which has been a standard which I believe and understand the vast majority of the Members of the Senate in the 22 years I have been here have adopted as well. It is a three-pronged standard: First, that the nominee has the capacity, competence, and temperament to be on the court of appeals or a trial court. Second, is the nominee of good character and free of conflict of interest? Third, would the nominee faithfully apply the Constitution and the precedents of the Supreme Court?
Editor's note · Context
Discussing the evaluation standards for lower court nominees during a Senate Judiciary Committee hearing.
Share
More from Joe Biden
Violence and terror have no place in the United States of America, especially when it’s our own government targeting American citizens. No single person can destroy what America stands for and believes in, not even a President, if we — all…
To end this theft, I signed a Presidential Memorandum stopping illegal aliens and other ineligible individuals from obtaining Social Security Act benefits—and we are deporting illegal aliens who steal from our country.
While we have more, inflation has slowed every single month in the last 12
American women deserve the very best when it comes to their healthcare, and my Administration will continue to deliver historic results for them.





