Mr. President, earlier this year the Republican leadership made a somewhat controversial decision, but when you think about it, it shouldn't have been all that controversial. It was to allow the American people, by their selection for the next President of the United States, to express their views about who ought to be nominated to the vacancy left by the untimely death of Justice Antonin Scalia. This is not an easy decision, but the fact remains that the Supreme Court considers rules on some of the most pressing, challenging questions of our time. It does some very important things, such as interpreting the Constitution. They are the final word. It also guarantees liberty by the separation of powers and enforcing the Bill of Rights and the like. It is no exaggeration to say that the Supreme Court affects the lives of every man, woman, and child in our country, and it is obviously a truism that the people who occupy those seats will have a very clear impact on the future direction of not only the Court but our country. We have to consider lifetime appointments carefully. As Justice Scalia liked to say during his lifetime, why in the world should people trust nonelected judges to make value judgments and in so doing, substitute their judgment for the views of the duly elected Members of Congress who represent the American people and who are politically accountable? That is why he said judges ought to take a rather limited role, or view of their role, under the Constitution.…
On the recordNovember 29, 2016
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