Research Briefing

As Obama Begins Search For Second Supreme Court Nominee, He Should Listen To American Public On What They Want From The New Justice

RNC CHAIRMAN MICHAEL STEELE: “We thank Justice Stevens for his dedication and decades of service on our nation’s highest court.  Now President Obama has an opportunity to change course from his out-of-the-mainstream judicial nominees like Goodwin Liu and instead bring our country together by choosing a nominee whose record makes clear that they will rule on the law and not legislate from the bench or work to advance a political or personal agenda. The American people want and deserve a Supreme Court justice who will act with judicial restraint and an appreciation for the fundamental importance of an even-handed reading of the law.  The Supreme Court is not a political institution, and a Justice is not an elected official.  This is a lifetime appointment and the American people need to have the time to fully examine a nominee’s record and fitness to serve.”

AMERICANS WANT SUPREME COURT JUSTICE TO FOLLOW WHAT IS WRITTEN IN THE LAW

64 Percent Of Americans Believe The Supreme Court Should Base Its Decisions On What Is Written In The U.S. Constitution. “As has been the case over the past several years, most voters (64%) believe the Supreme Court should base its decisions on what is written in the U.S. Constitution. Just 28% say those decisions should be guided by a sense of fairness and justice.” (“Supreme Court Update,” Rasmussen Reports, 3/15/10)

• 60 Percent Of Americans Say Supreme Court Should Base Decisions On “What The Framers Meant When They Wrote” The Constitution. “As for judicial philosophy, by 60 percent to 26 percent Americans think the Supreme Court should interpret the U.S. constitution based on what the Framers meant when they wrote it rather than on what feels appropriate in today’s world.” (Dana Blanton, “FOX News Poll: Pick Supreme Court Justice Based On Experience,” Fox News, 5/14/09)

45 Percent Of Americans Called Judicial Experience “Single Most Important Factor” For Supreme Court Nominee. “The Latest FOX News Poll Shows Nearly Half Of Voters Nationwide — 45 Percent — Think Judicial Experience Should Be The ‘Single Most Important Factor’ In Picking The Next Justice…”(Dana Blanton, “FOX News Poll: Pick Supreme Court Justice Based On Experience,” FOXNews.com, 5/14/09)

• “About 1 In 10 People (12 Percent) Think Sharing Barack Obama's Views On Key Issues Should Be The Single Most Important Quality.” (Dana Blanton, “FOX News Poll: Pick Supreme Court Justice Based On Experience,” FOXNews.com, 5/14/09)

52 Percent Of Americans Want Obama To Nominate Someone Who Is “More Of A Conservative” Versus Just 29% That Want Him To Nominate Someone Who Is “More Of A Liberal.” (Fox News / Opinion Dynamics Poll, 900 RV, MoE +/- 3.5%, 4/6-7/10)

46 Percent Believe That Obama’s Nominee To Replace Justice Stephens Will Be “Too Liberal.” (Poll, “46% Say Obama’s Supreme Court Nominations Too Liberal,” Rasmussen Reports, 3/17/10)

AMERICANS DON’T WANT JUSTICE WHO WOULD LEGISLATE FROM THE BENCH,  LIKE OBAMA’S APPEALS COURT NOMINEE GOODWIN LIU

Liu Believes Judges Should Take Into Account "Evolving Norms And Social Understandings" And Be "Broad-Minded In Their View" When Interpreting The Constitution. "...the reality is, every judge really knows and every lawyer really knows, is that the job...involves fundamentally, acts of judgment...And how do people come at their judgments?....lessons learned from experience, and an awareness of the evolving norms and social understandings of our country....So I would hope that the Obama administration would appoint judges who are broad-minded in their view of the kinds of sources that are legitimate to take into account in reading, especially the Constitution, but broadly legal texts of all sorts." (Goodwin Li u, "Prof. Goodwin Liu Interviewed At White Oak," The Brennan Center For Justice, 05/05/09)

Liu Authored Book With His Left Wing Colleagues On How Judges Should Interpret The Constitution "In Light Of Evolving Precedent, Historical Experience, Practical Consequence, and Societal Change." "But the overarching question it poses is not simply how the Constitution would have applied during the Framing era, but rather how it should apply today in order to preserve its meaning and authority in the light of evolving precedent, historical experience, practical consequences, and societal change." (Goodwin Liu, Pamela Karlan, Chistopher Schroeder, "Keeping Faith With The Constitution," p. 5, American Constitution Society, 2009)

Liu Believes The Fourteenth Amendment Should Be Interpreted More Broadly To Give Citizens Rights To "Expanded Health Insurance, Child Care, Transportation Subsidies, Job Training, And A Robust Earned Income Tax Credit." "On my account of the Constitution's citizenship guarantee, federal responsibility logically extends to areas beyond education. Importantly, however, the duty of government cannot be reduced to simply providing the basic necessities of life..... Beyond a minimal safety net, the legislative agenda of equal citizenship should extend to systems of support and opportunity that, like education, provide a foundation for political and economic autonomy and participation. The main pillars of the agenda would include basic employment supports such as expanded health insurance, child care, transportation subsidies, job training, and a robust earned income tax credit." (Goodwin Liu, "E ducation, Equality, and National Citizenship, 116 Yale Law Journal 409 (2006))