Federal Judiciary

Question for POTUS Candidates

By AndrewHyman

The GOP contenders were asked whether they would have nominated Justice O'Connor. You can watch the video, starting at 05:30:

McCain pointed out that he's a fellow Arizonan, and he wasn't as blunt as Romney about O'Connor. Here's what I might have asked as a followup:

If you are president when the next Supreme Court vacancy occurs, and you seek advice and input about who would be a good nominee, will you ultimately nominate the person who you believe would do the best job on the Court, or would you instead seek a consensus nominee who you think will best satisfy yourself and fifty or sixty United States senators?

It's better to let seats go vacant than to let nominees be dictated by 41 or 51 or 61 senators. There's a reason why the Constitution does not require the Senate's advice until after a person is nominated: "he shall nominate, and by and with the advice and consent of the Senate, shall appoint ambassadors, other public ministers and consuls, judges of the Supreme Court."

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Full post as published by ConfirmThem on January 31, 2008 (boomark / email).