• Tag Archives Supreme Court
  • 3 Cheers for Gary Johnson’s Supreme Court Short List

    Libertarian presidential candidate Gary Johnson has said that if he’s elected president his nominees to the U.S. Supreme Court will be people that are committed to following the text of the U.S. Constitution. Yesterday Johnson doubled down on that promise, releasing a list of six candidates that he says he would consider naming to SCOTUS if he wins the White House. “The Supreme Court should be guided by a loyalty to the original and fundamental principles of limited government and liberty embodied in the Constitution and the Bill of Rights,” Johnson announced in a statement accompany the release of his list. “As president, when the opportunity arises, I will nominate justices who have proven records of demonstrating that loyalty to the Constitution.”

    Libertarians have good reason to be impressed by Johnson’s list. Not only does it include Georgetown law professor Randy Barnett, a veteran combatant before the Supreme Court who also happens to be one of the most influential legal scholars at work today; the list also includes two of the most libertarian friendly judges now sitting on the federal bench. They are Judge Alex Kozinski of the U.S. Court of Appeals for the 9th Circuit and Judge Janice Rogers Brown of the U.S. Court of Appeals for the District of Columbia Circuit.

    Judge Kozinski is known for his principled defenses of the First Amendment, the Second Amendment, limited federal powers, and the due process rights of criminal defendants. “I disagree with the liberals on the bench half of the time,” he told Reason in 2006, “and the conservatives the other half.”

    Judge Brown, meanwhile, is revered in libertarian legal circles for her stirring votes in defense of the Fourth Amendment against pro-police “orthodoxy” and in defense of economic liberty against “burdensome regulation” and “a democratic process increasingly dominated by powerful groups with economic interests antithetical to competitors and consumers.” Judge Brown also has the honor—if you want to call it that—of having been denounced as a crazy libertarian by none other than Barack Obama

    Source: 3 Cheers for Gary Johnson’s Supreme Court Short List – Hit & Run : Reason.com



  • Neither Trump Nor Clinton Understands What the Supreme Court Is Supposed to Do

    The next president will appoint at least one and perhaps as many as three Supreme Court justices, who in turn will have a decisive impact on the Court’s jurisprudence for decades. But last night’s presidential debate revealed that neither of the major-party candidates understands what Supreme Court justices are supposed to do.

    Moderator Chris Wallace started the discussion off on the wrong foot by asking the candidates where they “want to see the Court take the country,” implying that justices are legislators in black robes, pursuing a policy agenda instead of deciding the controversies that come before them. Both candidates seemed to agree with that premise.

    Donald Trump promised that “the justices that I’m going to appoint will be pro-life” and will therefore vote to overturn Roe v. Wade, the 1973 ruling that discovered a right to abortion in the 14th Amendment’s Due Process Clause. There are good reasons to think Roe v. Wade was wrongly decided, or at least that its constitutional rationale left much to be desired. But a justice’s personal views on abortion are logically and legally distinct from the issue of Roe‘s soundness. A conscientious justice strives to separate his policy preferences from the question of what the Constitution allows or requires.