10-24-2012, 08:15 AM
When you are thinking about the next election, don’t forget the third
branch of government. The judicial branch, headed by the Supreme Court,
is extremely important for all the issues we are concerned about this
election. From the size of government to health care to taxes to foreign
policy to religious freedom, the justices see it all, and their
decisions affect you personally.
This term, the Supreme Court will
deal with affirmative action, homosexual “marriage,” terrorism and the
right to vote, among other things. Considering the last term, one topic
is enough to stress its importance: health care.
As has been reported elsewhere, the next president is likely to appoint at least two new justices to the U.S. Supreme Court. The average retirement age for a Supreme Court justice is 71. Justice Ruth Bader Ginsburg is 79. Justice Antonin Scalia and Justice Anthony Kennedy are both 76. Justice Stephen Breyer is 74.
If
President Obama is re-elected and that prediction holds true, that
means he would have appointed almost half the justices in his eight
years in office. By contrast, Presidents George W. Bush and Bill Clinton each appointed two during their presidencies. The impact of that development cannot be overestimated.
When it comes to the types of judges they would appoint, the differences between Mr. Obama and Gov. Mitt Romney
could not be more stark. Mr. Obama wants judges who believe in a
“living Constitution” that changes with the times. He has said he wants
judges to empathize with minorities, women and the disabled — judges who
will take the law where he believes it should go. He delivered on that
belief with his two nominations to the Supreme Court.
Justice
Sonia Sotomayor famously said that “personal experiences affect the
facts that judges choose to see” and that she was a wiser judge because
of her race. Justice Elena Kagan argued for the invention of a
constitutional right to homosexual “marriage.”
Mr. Romney, on the other hand, has voiced a desire for “judges in the mold of Chief Justice John Roberts, Justice Scalia, Justice Clarence Thomas and Justice Samuel Alito.”
He has promised judges who “will exhibit a genuine appreciation for the
text, structure and history of our Constitution, and interpret the
Constitution and the laws as they are written.” Granted, he must follow
through on his rhetoric, but that is the philosophy he has articulated
throughout his campaign.
This is a crucial issue, but we should
care about more than just the Supreme Court. Remember, there are only
nine Supreme Court justices, and the number of cases they hear in a year
is small. By contrast, there are currently 179 courts of appeal
judgeships and 678 district courts judgeships, with many pushing for a
significant expansion in federal judgeships due to an increasing work
overload. There are also 352 bankruptcy judgeships and 551 magistrate
judgeships.
These men and women decide some of the most important
issues in our lives. Even though other judgeships are not determined by
votes this November, we must pay close attention to the philosophical
approach to nominations of those who get to choose them (the president
by appointment and senators by advise and consent) so that we can hold
them accountable.
While it is true that we will only be directly
voting for the executive and the legislative branches, we will also be
indirectly selecting the type of judges we will see (either protecting
or encroaching on our freedoms) for years to come through the judicial
branch. Hopefully, this issue will be discussed more in the remaining
days so that it is fresh in people’s minds as they go to the polls on
Nov. 6.
Mario Diaz is legal counsel for Concerned Women for America.
Read more: DIAZ: Obama could achieve stacked Supreme Court in a second term - Washington Times http://www.washingtontimes.com/news/2012...z2AEIA24ui
Follow us: @washtimes on Twitter
branch of government. The judicial branch, headed by the Supreme Court,
is extremely important for all the issues we are concerned about this
election. From the size of government to health care to taxes to foreign
policy to religious freedom, the justices see it all, and their
decisions affect you personally.
This term, the Supreme Court will
deal with affirmative action, homosexual “marriage,” terrorism and the
right to vote, among other things. Considering the last term, one topic
is enough to stress its importance: health care.
As has been reported elsewhere, the next president is likely to appoint at least two new justices to the U.S. Supreme Court. The average retirement age for a Supreme Court justice is 71. Justice Ruth Bader Ginsburg is 79. Justice Antonin Scalia and Justice Anthony Kennedy are both 76. Justice Stephen Breyer is 74.
If
President Obama is re-elected and that prediction holds true, that
means he would have appointed almost half the justices in his eight
years in office. By contrast, Presidents George W. Bush and Bill Clinton each appointed two during their presidencies. The impact of that development cannot be overestimated.
When it comes to the types of judges they would appoint, the differences between Mr. Obama and Gov. Mitt Romney
could not be more stark. Mr. Obama wants judges who believe in a
“living Constitution” that changes with the times. He has said he wants
judges to empathize with minorities, women and the disabled — judges who
will take the law where he believes it should go. He delivered on that
belief with his two nominations to the Supreme Court.
Justice
Sonia Sotomayor famously said that “personal experiences affect the
facts that judges choose to see” and that she was a wiser judge because
of her race. Justice Elena Kagan argued for the invention of a
constitutional right to homosexual “marriage.”
Mr. Romney, on the other hand, has voiced a desire for “judges in the mold of Chief Justice John Roberts, Justice Scalia, Justice Clarence Thomas and Justice Samuel Alito.”
He has promised judges who “will exhibit a genuine appreciation for the
text, structure and history of our Constitution, and interpret the
Constitution and the laws as they are written.” Granted, he must follow
through on his rhetoric, but that is the philosophy he has articulated
throughout his campaign.
This is a crucial issue, but we should
care about more than just the Supreme Court. Remember, there are only
nine Supreme Court justices, and the number of cases they hear in a year
is small. By contrast, there are currently 179 courts of appeal
judgeships and 678 district courts judgeships, with many pushing for a
significant expansion in federal judgeships due to an increasing work
overload. There are also 352 bankruptcy judgeships and 551 magistrate
judgeships.
These men and women decide some of the most important
issues in our lives. Even though other judgeships are not determined by
votes this November, we must pay close attention to the philosophical
approach to nominations of those who get to choose them (the president
by appointment and senators by advise and consent) so that we can hold
them accountable.
While it is true that we will only be directly
voting for the executive and the legislative branches, we will also be
indirectly selecting the type of judges we will see (either protecting
or encroaching on our freedoms) for years to come through the judicial
branch. Hopefully, this issue will be discussed more in the remaining
days so that it is fresh in people’s minds as they go to the polls on
Nov. 6.
Mario Diaz is legal counsel for Concerned Women for America.
Read more: DIAZ: Obama could achieve stacked Supreme Court in a second term - Washington Times http://www.washingtontimes.com/news/2012...z2AEIA24ui
Follow us: @washtimes on Twitter
Let God lead the way!
Give a man a fish he eats for one day, teach him to fish he eats forever!
Give a man a fish he eats for one day, teach him to fish he eats forever!
