Word: souter
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Dates: during 1990-1999
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NONETHELESS, our hero shouldn't just walk away from this fight. The Senate should make Souter answer some questions: questions about his basic philosophies for constitutional interpretation, so that it may, in the words of one legal scholar, "police the outer limits" and "preserve the balance" of the court. That is how it stopped Robert Bork, and that is how it can stop David Souter, if such a rejection is called...
...simply, if Souter refuses to answer any relevant questions whatsoever about his judicial philosophy, then the Senate has every right to run him out of town. The voters might not stand for senatorial haggling over particular issues, but they would surely stand for genuine skepticism over a candidate who won't reveal even his most fundamental beliefs...
...Souter does answer the questions, and challenges constitutional principles basic to most Americans today, then the Senate can just as forcefully reject his nomination. It is not so much a question of whether Souter opposes abortion and affirmative action. Instead, it is a question of whether Souter believes the Constitution guarantees a right to privacy, and a question of whether Souter believes the 14th Amendment binds the states to obey the Bill of Rights...
...only catch is that the Senate must move quickly and establish now what the standards for confirmation are going to be. Only by setting the criteria early can the Senate demand that Souter meet them. Otherwise, it will only be made to look foolish in front of the electorate, a most uncomfortable prospect with elections just weeks away...
Although it centers on a legal theory developed by one of America's most famous jurists, the senior thesis written by David H. Souter '61 offers precious little insight into the Supreme Court nominee's politics or judicial philosophy...