Roger Pilon (Author at The Cato Institute)

Sotomayor and SCOTUS (Daily Podcast)

Thu, 28 May 2009 00:00:00 EDT

Cato Scholars Comment on Obama Supreme Court Nominee Sonia Sotomayor (Scholar Comments)

Tue, 26 May 2009 00:00:00 EDT

In nominating Second Circuit Judge Sonia Sotomayor to fill the seat of retiring Supreme Court Justice David Souter, President Obama chose the most radical of all the frequently mentioned candidates before him.

Given the way she recently all but dismissed the Ricci case –- involving the complaint by New Haven, Connecticut, firefighters that the city had thrown out the results of an officers exam because the results did not come out "right" –- and the expectation, based on oral argument, that the Supreme Court will reverse the Second Circuit decision, there will likely be an extremely contentious confirmation battle ahead. If confirmation hearings are scheduled for summer, they will follow shortly upon the Court's decision in that explosive case.

Are we to imagine that President Obama chose as he did because he wants that battle?

A Layman for the Supreme Court? (Commentary)

Tue, 12 May 2009 00:00:00 EDT

Appointing a non-lawyer would be innovative but wrong. As if his populist streak needed further encouragement, President Obama is being urged by some in Washington's political class to look beyond the usual sources when he fills Justice David Souter's seat on the Supreme Court. "I would like to s...

Souter: End of An Error (Scholar Comments)

Fri, 01 May 2009 00:00:00 EDT

In choosing a Supreme Court nominee to replace Justice Souter, President Obama will have an opportunity to avoid the partisanship he promised to reduce on the campaign trail, which his legislative agenda has thus far only exacerbated. But given the way Bush nominees were treated by Senate Democrats, it won't be easy. After the stormy confirmation hearings for Judges Bork and Thomas, President Clinton's nominations of Judges Ginsburg and Breyer sailed through the confirmation process with little opposition and even less acrimony. With the return of Republican nominees after the election of George W. Bush, however, Senate Democrats resumed their scorched earth practices, starting with appellate court nominees and continuing to the nominations of Judges Roberts and Alito to the High Court. Hearings were never held, filibusters were threatened, and characters were assassinated. The question now for Senate Republicans will be, is turnabout fair-play? The answer may turn on just who President Obama selects. At the least, given this recent history, there is no reason Senate Republicans need to be unduly deferential to the president's nominee. We will need to know both the judicial philosophy and the constitutional philosophy of the nominee. That will require respectful but sharp questioning by members of the loyal opposition. Their duty under the Constitution requires nothing less.