Supreme Court Justices Decide Law NOT Agenda

The Heritage Foundation weighs in on the nomination process for Supreme Court Justice selection.

by Amanda Reinecker HF

This week, Supreme Court Justice David Souter announced his retirement, providing President Barack Obama with his first opportunity to nominate someone to the high court.

Liberal groups are already pressuring the administration to name a left-wing activist to the court. But they should remember that judges are not in the business of writing laws or twisting it to serve their policy preferences. "Obama should seek judges who will apply the law as it was written, not how they would like it to be written to address the particular parties before them,"

Heritage Foundation legal scholar Robert Alt writes in the New York Post. "To do otherwise in replacing Souter will surely shift the Court further to the left, and further away from the rule of law."

"Americans don't want judges who will bend the law toward the side they favor," writes Heritage Foundation Ronald Reagan Fellow and former U.S. Attorney General Ed Meese. "They want a fair judge who will apply the law in the same way -- as the people's representatives in the legislature wrote it -- regardless of who is before the court."

During the confirmation hearings for Supreme Court Justice Samuel Alito, then-Senator Obama said, "I believe firmly that the Constitution calls for the Senate to advise and consent. I believe it calls for meaningful advice and consent and that includes an examination of a judge's philosophy, ideology, and record." Conservatives agree with this, which is why it's important to closely examine the future nominee.

Conservatives must also remember that Justice Souter was not a consistent liberal activist, and replacing him is "not a zero-sum game," argues Heritage senior legal policy analyst Andrew Grossman. While Justice Souter is a far cry from an originalist — one who applies the original meaning of the Constitution — Heritage legal experts agree that his record demonstrates a rather conservative approach in certain areas, including crime, punishment, lawsuit abuse, and various social issues.