Obama’s Outcome Based Jurisprudence

Hans von Spakovsky / May 01, 2009

Following the news that Justice Souter will be retiring this summer after the Supreme Court’s present term ends, President Obama dropped into the White House briefing room this afternoon and commented on how what he will be looking for in a replacement. Unfortunately, his remarks were in keeping with his prior statements during the campaign and when he voted against the confirmation of Chief Justice John Roberts. His words should upset Americans who overwhelmingly want justices who recognize their responsibility and duty to adhere to the Constitution and to apply the laws passed by Congress – not make new law based on their own personal, political, and social beliefs.

Obama said that he will “seek someone who understands justice and isn’t about some abstract legal theory or footnote in a case book.” He apparently wants someone who knows “how our laws affect the daily realities of people’s lives; whether they can make a living and care for their families; whether they feel safe in their homes and welcome in their own nation. I view that quality of empathy and understanding and identifying what people’s hopes and struggles are as an essential ingredient for arriving at just decisions and outcomes.” (more…)