Replacing a Supreme Court Judge

Feb 27, 2016 by

Michael F. Shaughnessy –

First of all, those of us at were saddened to hear about the death of Antonin Scalia. Some of us watched his decisions, and impact from afar, some were enlightened by his thinking and others enjoyed his very vibrant, robust personality.

Now of course there is much concern about a “ lame duck “ President appointing a justice to the Bench of the Supreme Court, and what may be the long term ramifications and repercussions.

There are those who feel that President Obama may appoint someone who may not be “ aligned “ with his way of thinking, or who may have very personal opinions that may impact their voting, and their perspective on the Constitution.

Apparently there are historical precedents that other feel should be followed – in other words, we should wait until a new President is elected and allow that new President to appoint someone that might have certain leanings – one way or the other – liberal or conservative, or something else.

All too often, judges follow the letter of the law, while others follow the spirit of the law. Some interpret things quite rigidly, others seem to allow leeway.

There is a fear among some that the new Justice may be swayed by the thoughts and opinions of some of the “ older guard “ who have served on the Supreme Court for a number of years. And there are some who believe that once appointed, these individuals do what they think is best vis a vis the law and the Constitution and politics should not be involved.

As usual, George Leef has written an excellent article that I would like to share with you below.

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