Thursday, June 28, 2012

Teachable Moment how Republicans Must Nominate SCOTUS Justices

Today, Chief Justice John Roberts joined the majority of the Supreme Court in stating ObamaCare is Constitutional, which troubled many who believe that Supreme Court justices must adhere to the Constitution, not leglislate from the bench. His action is a teachable moment to all future Republican Presidents.

Most clearly in my mind was an article that Ann Coulter wrote back in 2005, questioning the qualifications of John Roberts, as he did not have a long and consistent paper trail of written decisions. Therefore, she questioned his claim of consistent adherence to the Constitution. She was afraid this would happen and with today's ruling, as well as his ruling on SB 1070, she was proven correct. Most of the same reservations led to George W. Bush making the correct decision in withdrawing Harriet Miers from the nomination process and nominating Samuel Alito in lieu. Like his father, he had one out of two good picks.

We can partially thank the Democrats for this, in the way they trashed Robert Bork and diliberately misinterpretted his record, which led to his no vote in a Democrat-controlled Senate. As a result, there has been a consistent track record where Republicans have feared putting up a nominee who has a consistent record, where he/she clearly endorses and follows the Constitution. Instead, the likes of Souter and Roberts get nominated and confirmed because they "seem" conservative, but don't have the paper trail, which can cause confrontation with Democrats. Furthermore, the likes of Janice Rodgers Brown, Miguel Estrada, Emilio Garza, Priscilla Owen or Michael Luttig; jurists who are clealy Constitutionalists, do not get the opportunity to serve on the Supreme Court. These honorable individuals are some names that Mitt Romney must consider if he becomes president and gets the chance to nominate a SCOTUS Justice.

Here is the teachable moment: future Republican presidents MUST NOT be afraid to put up a SCOTUS nominee who is a clear Constitutionalist. They need to fight for their nominee, pratice no-fear politics and go directly to the people to make sure Senators vote for their nominee. The party must work to make sure to have 61 votes in the Senate; a supermajority that can make the nomination process go a lot easier. Follow Ralph Reed's model, as the country will thank you for it, it honors the Constitution, as wella as the forefathers who wrote that incredible document.

No comments:

Post a Comment