President Obama on key qualities of next SCOTUS justice
President Obama wants the next Supreme Court justice to have impeccable credentials, an independent mind and a keen understanding of how the world really works.
Obama outlined the sort of nominee he’ll choose in a guest post published on the SCOTUS blog Wednesday and said he intends to fulfill his constitutional duty of appointing a new judge to fill the bench vacancy left by Justice Antonin Scalia’s death on Feb. 13.
“Needless to say, this isn’t something I take lightly. It’s a decision to which I devote considerable time, deep reflection, careful deliberation, and serious consultation with legal experts, members of both political parties, and people across the political spectrum,” he wrote.
Whether Obama should fill the vacancy has predictably become a contentious issue, with many Republicans calling for the appointment to be postponed until his successor enters the Oval Office.
On Tuesday, Senate Majority Leader Mitch McConnell, R-Ky., announced that his party would categorically reject any appointment from Obama — even refusing to meet with the would-be justice for a courtesy meeting.
“I don’t know how many times we need to keep saying this. The Judiciary Committee has unanimously recommended to me that there be no hearings,” McConnell told reporters on Capitol Hill. “I’ve said repeatedly and I’m now confident that my conference agrees that this decision ought to be made by the next president, whoever is elected. I don’t know the purpose of such a visit I would not be inclined to take it myself.“
Senate Majority Leader Mitch McConnell, R-Ky., center, smiles as he is joined by, from right to left, Majority Whip John Cornyn, R-Texas, Sen. John Thune, R-S.D., and Sen. Roger Wicker, R-Miss., on Capitol Hill in Washington on Feb. 23, 2016. (Photo: J. Scott Applewhite/AP)
Acknowledging that SCOTUS appointments are among the most important decisions a president makes, Obama outlined the three major qualities he prioritizes in his search.
“First and foremost, the person I appoint will be eminently qualified. He or she will have an independent mind, rigorous intellect, impeccable credentials and a record of excellence and integrity,” he said.
A mastery of the law would allow the future justice to hone in on key issues and provide clear answers to complex legal questions, according to Obama.
“Second, the person I appoint will be someone who recognizes the limits of the judiciary’s role; who understands that a judge’s job is to interpret the law, not make the law,” he continued.
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The commander-in-chief said he seeks a judge who approaches the law with a dedication to impartial justice and a respect for precedent rather than a particular ideology or agenda. Still, he noted that a judge’s analysis — informed by his or her perspective, ethics and judgment — is sometimes necessary when the law is not entirely clear.
Therefore, Obama said, the next judge should understand that the justice is not about abstract intellectual exercise or a footnote in some casebook.
“It’s the kind of life experience earned outside the classroom and the courtroom,” he wrote, “experience that suggests he or she views the law not only as an intellectual exercise, but also grasps the way it affects the daily reality of people’s lives in a big, complicated democracy, and in rapidly changing times. That, I believe, is an essential element for arriving at just decisions and fair outcomes.”
He expressed hope that senators will debate and confirm his nominee quickly so that SCOTUS can continue to serve the people of the United States “at full strength.”
Scalia’s funeral was held Saturday at the Basilica of the National Shrine of the Immaculate Conception, in Washington, D.C. The late jurist, who was nominated by then-President Ronald Reagan, had served for the nation’s highest court for 30 years. He died at 79 in his sleep while on a hunting trip in West Texas.
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