Rudy is trying to convince conservatives that he is the genuine article by appointing a Justice Advisory Committee. According the press release, "Members will advise Rudy Giuliani on a wide range of legal and policy issues including judicial appointments, tort reform and reducing frivolous lawsuits in our country."
About those judicial appointments ... candidates want to precommit, so why don't they just do it? Why not say, "If elected, my first nominee to the Supreme Court would be Judge X"? Or, if that is too daring, how about providing a short list of candidates?
Well, I can think of a number of potential problems with these strategies, but as a voter, I would find this sort of disclosure much more valuable than a Justice Advisory Committee or a promise to look into an unnamed nominee's heart.
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1. Posted by Scott Moss on July 19, 2007 @ 9:12 | Permalink
Good points, though I read Obama's "heart" comment as a meaningful point: he was responding to Roberts's silly "umpire" analogy by saying that not all cases are a simple matter of "getting it right" with technical application of the law -- that a Justice's philosophy does matter. He said "heart" rather than "philosophy" just because politicians do more emotion-speak than we law profs do.
And there is precedent for a presidential candidate sayign whom he'd like to appoint: Bill Clinton, running in 1992, said he'd like to appoint Mario Cuomo (who thentook himself out of contention when the White House specifically asked him in 1993 if he was interested in replacing Justice White).
2. Posted by Christine on July 19, 2007 @ 9:19 | Permalink
In Texas, judges are elected, and the system gets a lot of criticism (much of it warranted) for that. However, I really don't see the difference between the U.S. population electing S/C justices and the U.S. population electing a President based on who he says he will nominate as a S/C justice (or who we think the candidate will nominate). I suppose that one of the evils of electing judges is that because judges must run for re-election, they may rule according to the preferences of their party affiliation. Supreme Court justices are free to rule according to their own principles once confirmed. Until that point, however, they seem to be basically elected.
3. Posted by Adam White on July 23, 2007 @ 14:33 | Permalink
By not completely pre-committing to individuals, the would-be president (1) retains some flexibility in negotiating with powerful senators over preferred picks, and (2) prevents opponents from building up their oppo-research files months if not years in advance.
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