A Quote by Orrin Hatch
No matter how badly senators want to know things, judicial nominees are limited in what they may discuss. That limitation is real. And it comes from the very nature of what judges do.
Related Quotes
No matter how badly senators want to know things, judicial nominees are limited in what they may discuss. That limitation is real, and it comes from the very nature of what judges do.
We must remember that judicial nominees are constrained in what they may discuss and how they may discuss it.
Because judges may not issue advisory opinions, judicial nominees may not do so either, especially on issues likely to come before the court. That rule has always been honored.
Much of the Constitution is remarkably simple and straightforward - certainly as compared to the convoluted reasoning of judges and law professors discussing what is called 'Constitutional law,' much of which has no basis in that document....The real question [for judicial nominees] is whether that nominee will follow the law or succumb to the lure of 'a living constitution,' 'evolving standards' and other lofty words meaning judicial power to reshape the law to suit their own personal preferences.
Supreme Court nominees should know that this exercise of judicial restraint is the key ingredient of being good judge, as the Constitution constrains judges every bit as much as it constrains we legislators, executives and citizens in their actions.
You want to know what judicial activism is? Judicial activism is judges imposing their policy preferences on the words of the Constitution.
We should evaluate judges and judicial nominees based on the general process for applying the law to any legal disputes, not on the specific result in a particular case or dispute.
On the one hand we want to preserve the integrity of the judicial branch, and we want to talk about judicial independence, and how damaging and dangerous it is when Donald Trump calls out Judge [Gonzalo] Curiel. And at the same time, at the end of the day, judges work for us and we can recall them and we can impeach them.
This principle that judges are not politicians lies at the very heart of a judicial job - of the judicial job description.
Jon Tester needs to be held accountable for his extreme partisan liberal record of supporting President Obama's judicial nominees 99% of the time but then opposing President Trump's nominees.
I only want to make movies I want to see. That may mean my career is somewhat limited, but that is my version of integrity. No matter how it performs or how it's received, I can be okay with it.
Wise men wrote the Constitution, but clever judges have been destroying it, bit by bit, turning it into an instrument of arbitrary judicial power, instead of a limitation on all government power.
The only real limitation on your abilities is the level of your desires. If you want it badly enough, there are no limits on what you can achieve.
Nominees [to Supreme Court] shouldn't be expected to pre-commit to ruling on certain issues in a certain way. Nor should senators ask nominees to pledge to rule on issues in a particular way.
I do think the whole question of judicial accountability is a complicated one. On the one hand, you want to encourage judicial independence. And it's always, I think, problematic when an unpopular decision triggers a recall election. Because it sends a disempowering message to judges. On the other hand, it's the only way that voters have to rein in someone whose views are really so out of the mainstream of public opinion that they jeopardize the legitimacy of the judicial process.
In our system of government, the judicial and legislative branches have different roles. Judges are not politicians. Judges must decide cases, not champion causes. Judges must settle legal disputes, not pursue agendas. Judges must interpret and apply the law, not make the law.
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