Friday, November 18, 2005

What I would look for in a judge

The Supreme Court nomination and confirmation is going to be (and has been) big news. Both sides have been espousing the qualities they would look for in a judge. "Respect for precedent" "Conservative" "Liberal" blah blah blah. I think all of these are inappropriate.

The only thing I think is important in a Supreme Court judge (besides, obviously, intellect and a background in the types of issues he or she will adjudicate) is consistency. There is enough...openness...in the realm of Constitutional interpretation that both strict constructionists and living documentists can make rational, reasoned arguments that their approach is the appropriate one. I don't have a problem with either side.

However, I would have a problem if a justice applied their "beliefs" on interpretation inconsistently, depending upon political opinion. This is why i think it is inappropriate for Senators to ask nominees their opinions on specific issues and cases, and doubly inappropriate for nominees to answer such questions.

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