Federal Judges Appointed For Life

Statement

Federal Judges Appointed For Life

by Senator John Cornyn

Presidents come and go, but federal judges are appointed for life. There is no more pressing concern about a future Obama presidency than his
potential influence on the federal bench, particularly through his appointments to the U.S. Supreme Court. The outlook is not reassuring.

With the addition of Chief Justice Roberts and Associate Justice Alito, President Bush has restored some balance to the high court. The two new
justices are jurists of impeccable character and record. Sen. Obama voted against both. The Washington Post reported that Sen. Obama was
advised to oppose Roberts by his staff, who feared that a "yes" vote would harm Obama among left-wing activists and interfere with his presidential primary prospects.

If history is any guide, the next President may have two or more appointments to the U.S. Supreme Court. Sen. Obama, speaking to a Planned Parenthood conference last year, faulted the current judicial confirmation procedure, which relies heavily on legal experience and reputation among peers. Sen. Obama had a different outlook on the qualities needed on the federal bench: " We need somebody who's got the heart, the empathy, to recognize what it's like to be a young teenage mom. The empathy to understand what it's like to be poor, or African-American, or gay, or disabled, or old. And that's the criteria by which I'm going to be selecting my judges."

Empathy should not be the prime qualification for the bench. Ability to apply the law fairly, without favor or prejudice, should guide this process. Sen. McCain has been responsible and constructive in judicial confirmations, reaching across party lines as a member of the Gang of 14
to break a partisan logjam over President Bush's judicial nominations. His success, quite frankly, surprised me. He has generally supported
nominees of good character, men and women who have shown the ability to follow the law as written, and to avoid substituting their own views for
that law.

The stakes are high in this election. Sen. McCain has numerous attributes, including a strong record on cutting wasteful government
spending. Some conservatives are irked because he's also shown an independent streak on events of the moment. But federal judges appointed
in the next Presidential term will be serving, and rendering decisions, for decades. I would feel very comfortable if a President McCain were
making those nominations. Thanks to Governor Huckabee, HuckPAC, and all the bloggers for inviting me to take place in "Vertical Day."

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