David Souter

So, anything happen while I was on vacation? 

Oh yeah, President Obama nominated Sonia Sotomayor to replace Justice David Souter on the Supreme Court.  And guess what?  The Right already doesn't like her:

Family Research Council:

"President Obama has chosen a nominee with a compelling personal story over judicial pick with a solid constitutional judicial philosophy. A compelling personal story is no substitute for allegiance to the Constitution and its sound application to public life.

"Judge Sotomayor's failure to premise her decisions on the text of the Constitution has resulted in an extremely high rate of reversal before the high court to which she has been nominated.

"With that fact in mind Judge Sotomayor appears to subscribe to a very liberal judicial philosophy that considers it appropriate for judges to impose their personal views from the bench. President Obama promised us a jurist committed to the 'rule of law,' but, instead, he appears to have nominated a legislator to the Supreme Court.

Focus on the Family:

"From what we know about her, Judge Sotomayor considers policy-making to be among a judge’s roles, no matter what the law says," said Bruce Hausknecht, judicial analyst at Focus on the Family Action. "She disregards the notion of judicial impartiality."

...

Hausknecht said: "The president's professed desire for judges with 'empathy' rather than impartiality might deny the country what the Founding Fathers intended and wrote into the Constitution — judges who dispense justice without regard for the status of any party that comes before them."

Traditional Values Coalition:

To no one’s surprise, President Obama has nominated an individual who supports his position of deciding cases based on who you are, rather than on the facts and the law. Although Sotomayor spoke strongly of the importance of the rule of law and principles of the Founding Fathers, her previous decisions contradict this, as do the previous statements and promises of President Obama.

...

Judge Sotomayor fits the “empathy” qualification. During a law conference, she has openly bragged that she views her role as a judge as a policymaker and activist who will impose her leftist political views on the rest of us. She may have empathy for the poor, gays and minorities – but she is likely to ignore the U.S. Constitution and the rule of law. She is clearly the ideal nominee for President Obama but will be a disaster for our legal system.

Concerned Women for America:

CWA President Wendy Wright said, "A necessary quality for a Supreme Court justice is to be committed to equal treatment of the law, regardless of ethnicity or sex. Sonia Sotomayor has an extensive record and several troubling opinions where she seems willing to expand certain 'rights' beyond what the Constitution establishes and the appropriate Supreme Court precedent. Revealing her immodest bias, she stated that a 'Latina woman with the richness of her experience would more often than not reach a better conclusion than a white male who hasn't lived that life.' Congress needs to thoroughly vet Judge Sotomayor and Americans deserve enough time to evaluate her record and her announced bias for certain people. Her high reversal rate alone should be enough for us to pause and take a good look at her record. Frankly, it is the Senate's duty to do so."

Mario Diaz, Esq., CWA's Policy Director for Legal Issues, said, "Much has been made in the media about a Hispanic woman being nominated, but the truth is that none of that should matter as the Senate fulfills its 'advise and consent' role. What matters are the judge's judicial temperament and her view of the Constitution. We must determine if Judge Sotomayor will respect the Constitution as written or legislate from the bench. She has made some disconcerting statements that should require everyone to examine her record with an open mind and reach some conclusions. For example, she said once that 'policy was made at the appellate level,' a very dangerous way of looking at the role of a judge for those of us who value our freedoms as guaranteed in the Constitution."

Judicial Confirmation Network:

"Judge Sotomayor is a liberal judicial activist of the first order who thinks her own personal political agenda is more important than the law as written. She thinks that judges should dictate policy, and that one's sex, race, and ethnicity ought to affect the decisions one renders from the bench.

"She reads racial preferences and quotas into the Constitution, even to the point of dishonoring those who preserve our public safety. On September 11, America saw firsthand the vital role of America's firefighters in protecting our citizens. They put their lives on the line for her and the other citizens of New York and the nation. But Judge Sotomayor would sacrifice their claims to fair treatment in employment promotions to racial preferences and quotas. The Supreme Court is now reviewing that decision.

"She has an extremely high rate of her decisions being reversed, indicating that she is far more of a liberal activist than even the current liberal activist Supreme Court."

Committee for Justice:

Having told colleagues that I thought President Obama was too smart to pick someone with as much baggage as Sonia Sotomayor, I was surprised to learn of her nomination. Many other people were surprised as well, given both the widespread expectation that Obama would choose an intellectual heavyweight and Obama’s own recent statement that he would not make gender or race the major factors in his selection. Liberal law professor Jonathan Turley summed it up well on MSNBC yesterday, expressing bewilderment that Obama chose Sotomayor when heavyweights like “[Seventh Circuit Judge] Diane Wood would have met all his criteria.”

The only plausible explanation for Sotomayor’s selection is that the President was boxed in by demands from Hispanic and women’s groups that he pick one of their own. What else could explain his choice of a nominee who presents such a big target for conservatives and so clearly forces red state Democratic senators to choose between the values of their constituents and those of the nominee?

Priests for Life:

Fr. Frank Pavone, National Director of Priests for Life, says he has just one question about Judge Sonia Sotomayor as she is nominated by President Obama for the Supreme Court: "Does justice include the right to tear the arms and legs off of babies, crush their skulls, and treat them as medical waste?"

"We all draw the line somewhere. An avowed racist or anti-Semite is not acceptable on the Supreme Court. Why should we give a pass to the violence of abortion?"

Operation Rescue:

"Just as Obama has attempted to abuse the process of law in reshaping America to the far left, so too Sonia Sotomayor believes in the abuse of judicial authority having stated that courts can create social policy," said Operation Rescue President Troy Newman. "This philosophy dangerously overreaches the duties of the judicial branch and flies in the face of the separation of powers doctrine."

"Sonia Sotomayor is a far left ideologue that blurs the lines between the legislature and judiciary and will surely be a rubber stamp for Obama's radical abortion agenda, which is opposed by the majority of Americans."

Organized for Life:

Peter Shinn, National Director of Organized for Life, commented that, "Sonia Sotomayor is out of step with the American people. Quoted in 2005 as believing that policy comes from the bench, she stands counter to the American people's desire to end the tragedy of abortion."

Ruben Obregon, President of Organized for Life, added, "In nominating Sonia Sotomayor, President Obama chose to further his own pro-abortion agenda rather than seek common ground on the abortion issue. Instead of faithfully representing America's views, President Obama has added another reliably liberal member to the Court who will continue to impose the Court's will on the people. Pro-life activists, the Davids in this epic battle for life, can only stop the Goliath of the White House by banding together and signing the petition at www.stopsotomayor.com."

Vision America:

Scarborough warned: "At age 54, Sotomayor could be a member of the United States Supreme Court for the next 20 years -- or longer. As a dedicated liberal, we know her views on abortion, gay marriage and reverse-discrimination -- whether or not she's ruled directly on these issues."

"That much power simply can't be bestowed by a compliant Senate," Scarborough observed. "This nomination must be stopped dead in its tracks. Sonia Sotomayor isn't a 'centrist,' she's a disaster at every level."

Susan B. Anthony List:

"Women are best protected by the rule of law -- and blind justice. Their rights are most endangered when personal preference, ideology or painful personal history inform judgment. Susan B. Anthony and her early feminist compatriots fought for a human rights standard sustained only through blind justice. When evidence of personal preference appears in any Supreme Court nominee's judgment, it should give all women pause. Given what we know about Judge Sonia Sotomayor's own judicial philosophy -- including her support of policymaking from the bench -- Americans should be concerned about the role of personal preference in her overall judicial philosophy.

When it comes to protecting all human life, one group is never served by undermining the rights of another. Women will never be served by ignoring the rights of unborn children. Judge Sonia Sotomayor's record of support for judicial activism offers little comfort that she will be a friend to the unborn on the Supreme Court. As the Senate fulfills its Constitutional role to 'advise and consent,' Senators should ask the hard questions to thoroughly assess Sotomayor's judicial temperament, and reaffirm the authentic feminist standard of blind justice for all."

Randall Terry:

"The filibuster trail was blazed by President Obama, VP Biden, Majority Leader Reed, Sec State Clinton, and other Democrat leaders in 2005 with Justice Alito. Do GOP leaders have the courage and integrity to filibuster an activist, pro-Roe judge?

"The Democrats have two weak links in their chain; Senators Nelson (NE) and Casey (PA) who both declare they are 'pro-life.' The question of conscience and courage is on the table: will they choose babies' lives or party loyalty?"

Ken Blackwell:

The White House is telling us all about Judge Sotomayor’s compelling personal story — and it is an amazing story of what is possible “only in America.” But compelling personal stories are not the question. Miguel Estrada, whom President George W. Bush nominated to the D.C. Circuit appeals court and was planning on nominating to the Supreme Court, had a compelling story as a Hispanic immigrant who legally came to this country not even speaking English. Democrats filibustered Mr. Estrada.

Supporters point out that Judge Sotomayor was first appointed by George H.W. Bush for the federal trial court — before Bill Clinton elevated her to the Second Circuit appeals court. That’s true, but George H.W. Bush also gave us Justice David Souter, so clearly he wasn’t too careful about putting liberals on the federal bench. We can’t allow the left to hide behind the Bushes.

But when it comes to gun rights, we don’t need to guess. Judge Sotomayor has put in writing what she thinks. President Obama has nominated a radically anti-Second Amendment judge to be our newest Supreme Court justice.

There are a number of pro-Second Amendment Democratic senators from deeply red states, including Mark Begich from Alaska, Jon Tester and Max Baucus from Montana, Ben Nelson from Nebraska, Byron Dorgan and Kent Conrad from North Dakota, and Tim Johnson from South Dakota.

These senators will jeopardize their seats if they vote to support an anti-gun radical for the Supreme Court. Second Amendment supporters will now be up in arms over this radical anti-Second Amendment nominee, and you should never underestimate the political power of American gun owners.

Mike Huckabee (after first mistakenly calling her "Maria Sotomayor"):

The appointment of Sonia Sotomayor for the Supreme Court is the clearest indication yet that President Obama's campaign promises to be a centrist and think in a bi-partisan way were mere rhetoric. Sotomayor comes from the far left and will likely leave us with something akin to the "Extreme Court" that could mark a major shift. The notion that appellate court decisions are to be interpreted by the "feelings" of the judge is a direct affront of the basic premise of our judicial system that is supposed to apply the law without personal emotion. If she is confirmed, then we need to take the blindfold off Lady Justice.

Richard Viguerie actually issued three different releases, including this one:

"The nomination of Sonia Sotomayor unites all wings of the conservative movement--economic, foreign policy, social, traditional, neocon, and libertarian--in a way we haven't seen since the early Clinton years.

"Judge Sotomayor frightens all conservatives. As the debate over her nomination heats up, conservatives will provide the primary opposition to Sotomayor and will quickly launch a massive educational campaign using direct mail, the Internet, talk radio, cable TV, You Tube, and other forms of new and alternative media.

"It was sad to read that Republican National Committee Chairman Michael Steele's comment on the Sotomayor nomination reflected the typical reaction Americans have come to expect from Republican politicians when he said that Republicans will reserve judgment on Sotomayor.

"No wonder conservatives now look to talk show hosts and other unelected conservatives for leadership, rather then wet-finger Republican politicians who always seeming to be waiting to see the direction of the political winds.

"It remains to be seen how active and effective Republican politicians will be on this historic fight, but conservatives are on the field, engaged, and ready to battle President Obama and all U.S. Senators who support Sotomayor."

This collection is actually just a fraction of the statements made in opposition to Sotomayor by right-wing groups, but it's more than enough to drive home the point that they appear intent on doing everything they can to oppose her nomination.

Last week, I noted that many on the Religious Right are working to figure out how to deal with the possibility that President Obama’s nominee to replace David Souter on the Supreme Court could be gay.

For the most part, their response has been to claim that they would not oppose someone because he or she was gay, but that there would be serious concerns that their sexuality would make them incapable of being objective.

While many have been careful to avoid explicitly declaring that being gay makes it impossible for someone to be good Supreme Court justice, Bryan Fischer of the Idaho Values Alliance is not among them, as evidenced by his column entitled “Virtually impossible for open lesbian to make a good Supreme Court justice”:

An open lesbian has obviously resolved the ethical questions about sexuality in favor of the legitimacy of aberrant sexual behavior, in favor of what historically has been known in U.S. law as an "infamous crime against nature."

It's one thing for a judge to keep his orientation a private matter. There is some evidence that perhaps two Supreme Court justices of the past were homosexuals themselves. But they concealed that from the public, accepted that the laws of the day considered homosexual sexual activity a felony offense, and did not use their platform on the bench to challenge society's sexual standards.

But a judge who is quite open about his (generic use) alternative sexuality is another matter entirely. It's hard to imagine any universe in which an open lesbian would uphold any pro-family law should it be challenged in her court.

It will be absolutely incumbent upon the GOP members of the Senate judiciary committee to ask probing questions of a lesbian nominee on a host of issues that are matters of legal and constitutional dispute.

Fisher lays out a series of questions any gay or lesbian nominee must answer because, as he says, “if the public ever had a right to know about anything, it most certainly has a right to know how a lesbian judge's view of sexual morality will affect her jurisprudence” and declares that a gay nominee must be kept off the bench because the other justices “would certainly feel a strong pull to rule with a lesbian colleague on matters of sexuality just to avoid the awkwardness that otherwise would result.”

That’s right – Justices Alito, Roberts, Thomas, and Scalia will all suddenly start issuing gay-friendly rulings simply to avoid any “awkwardness” in the chambers.  

Finally, Fisher tells his allies on the Right to start making this an issue because “the quickest way to shred what remains of America’s moral foundation may be to appoint an open lesbian to the Supreme Court [and] if the pro-family community does not want to get rolled on this issue, it had better speak up and speak up now.”

In its Washington Update, the Family Research Council reacts with joy to the news that Sen. Jeff Session has been chosen to become ranking Republican on the Judiciary Committee:   

Sessions has proven to be a strict constructionist who is unapologetically pro-family on policy matters. One of FRC Action's "True Blue" awardees, Sessions has a track record of voting for traditional values 100% of the time on key legislative issues … For conservatives, his promotion could not have come at a better time. As Republicans brace for a party showdown over the replacement for retiring U.S. Supreme Court Justice David Souter, Sessions--an uncompromising voice for faith and family--will be just the man to lead them into battle. 

Andrew Grossman is Senior Legal Policy Analyst in the Center for Legal and Judicial Studies at The Heritage Foundation writes that while David Souter was “certainly no originalist, in numerous cases [he wrote] opinions that are in accord with the demands of the Constitution and the rule of law.”  After citing several such cases, Grossman declares:

In nearly all of these cases, more liberal members of the Supreme Court sought outcomes inconsistent with the Constitution and the rule of law. That block would find additional strength if President Obama appoints a liberal activist to the Court to replace Justice Souter, a center-left moderate, and many cases like those listed above would have had different outcomes. As a result:

    * Violent criminals would be freed for minor blunders by police,
    * Tough sentences for violent crimes would be struck down,
    * Trial lawyers would have more opportunities than ever to launch frivolous, but expensive lawsuits, and
    * Victims of crimes would be denied a role in the criminal justice system.

The bottom line: Justice Souter was no conservative and no originalist, but replacing him with a far-left activist would change the balance of the Court for the worse.

Ed Whelan continues to make his case against the possible nomination of Diane Wood, while the Judicial Confirmation Network released its own memo targeting Wood along with Elena Kagan and Sonia Sotomayor:  

While President Obama has said he intends to nominate a moderate or a pragmatist, not a liberal activist, it is advisable to take that statement with a grain of salt. Remember, he thinks that the current Supreme Court the majority of which is a liberal judicial activist Court is "right-wing" or "conservative." If that is his frame of reference ("liberal judicial activist" equals "right-wing"), then his definition of "moderate" may be equally skewed.

Moreover, with the vetting record of this White House and its willingness to appoint to high government posts nominees who have cheated on their taxes and have other ethical problems, any rush to appoint a Supreme Court Justice with lightning speed is all the more unseemly. And it certainly violates the Obama promises of transparency and accountability. We need a fair, orderly process to educate Americans about the potential nominees that the Obama-Leahy machine seems determined to rush through the confirmation process.

Here are three women widely thought to be front-runners for this Supreme Court seat. They are not moderates. They are not pragmatists. They are hard-left liberal judicial activists.

Here's a quick collection of early right-wing reactions to the news that Justice David Souter will be retiring from the Supreme Court at the end of this term - it will continue to be updated as new statements are released:

Wendy Long (Judicial Confirmation Network):

1. The current Supreme Court is a liberal, judicial activist court. Obama could make it even more of a far-left judicial activist court, for a long time to come, if he appoints radicals like Diane Wood, Sonia Sotomayor, and Elena Kagan. A new Justice in this mold would just entrench a bad majority for a long time.

2. If Obama holds to his campaign promise to appoint a Justice who rules based on her own "deepest values" and what's in her own "heart" — instead of what is in the Constitution and laws — he will be the first American President who has made lawlessness an explicit standard for Supreme Court Justices.

3. The President and Senators need to be careful about, respectively, nominating and appointing a hard-left judicial activist. Americans who elected Obama may have done so out of fear for the economy or other reasons, but they did not elect him because they share his views on judges. By a margin of more and 3 to 1, Americans want Supreme Court Justices who will practice judicial restraint and follow the law, not jurists who will indulge their own personal views and experiences in deciding cases.

4. As Senate Republican Leader Mitch McConnell has pointed out, a judge who decides cases based on her personal and political views, instead of what the law says, will have a hard time fulfilling her oath to dispense justice impartially. Senators have a constitutional duty to rigorously scrutinize the nominee on this score, and vote "no" if the nominee cannot establish that she will follow the law, rather than her own values and beliefs, as the President has suggested.

Ed Whelan:

Souter has been a terrible justice, but you can expect Obama’s nominee to be even worse. The Left is clamoring for “liberal lions” who will redefine the Constitution as a left-wing goodies bag. Consider some of their leading contenders, like Harold Koh (champion of judicial transnationalism and transgenderism), Massaschusetts governor Deval Patrick (a racialist extremist and judicial supremacist), and Cass Sunstein (advocate of judicial invention of a “second Bill of Rights” on welfare, employment, and other Nanny State mandates). Or Second Circuit judge Sonia Sotomayor, whose shenanigans in trying to bury the firefighters’ claims in Ricci v. DeStefano triggered an extraordinary dissent by fellow Clinton appointee José Cabranes (and the Supreme Court’s pending review of the ruling). Or Elena Kagan, who led the law schools’ opposition to military recruitment on their campuses, who used remarkably extreme rhetoric—“a profound wrong” and “a moral injustice of the first order”—to condemn the federal law on gays in the military that was approved in 1993 by a Democratic-controlled Congress and signed into law by President Clinton, and who received 31 votes against her confirmation as Solicitor General. Or Seventh Circuit judge Diane Wood, a fervent activist whose extreme opinions in an abortion case managed to elicit successive 8-1 and 9-0 slapdowns by the Supreme Court.

...

American citizens have various policy positions on all these issues, but everyone ought to agree that they are to be addressed and decided through the processes of representative government, not by judicial usurpation. And President Obama, who often talks a moderate game, should be made to pay a high price for appointing a liberal judicial activist who will do his dirty work for him.

The American Center for Law and Justice:

“The reported retirement of Justice Souter marks the beginning of President Obama’s legal legacy – a legacy that will move this country dramatically to the left,” said Jay Sekulow, Chief Counsel of the ACLJ. “With reports that Justice Souter will step down at the end of the term, President Obama now has a green light to begin reshaping the federal judiciary. Based on the appointments at the Department of Justice, it’s clear that President Obama will name a Supreme Court nominee who will embrace an extremely liberal judicial philosophy. There’s no illusion here – President Obama is poised to reshape the nation’s highest court. Once a nominee is named and the confirmation process begins, it’s important that the nominee faces full and detailed hearings – with specific focus on the nominee’s judicial philosophy including how the nominee views the constitution and the rule of law. The American people deserve nothing less.”

Operation Rescue:

"Operation Rescue will actively oppose any nominee to the U.S. Supreme Court that will disregard the lives of the pre-born and uphold the wrongly-decided case of Roe v. Wade.

"Obama received greater than expected opposition to his nomination of extremist pro-abort Kathleen Sebelius to HHS. He can only expect that opposition will continue to grow if he has the poor sense to appoint a justice that will promote abortion from the bench.

Susan B. Anthony List:

"Elections have consequences, and the upcoming Supreme Court confirmation battle is likely to further entrench President Obama's dedication to the abortion agenda. The President has said he would like 'common ground' on abortion policy. This is an especially relevant objective when you consider yesterday's release of public opinion data by the Pew Research Center showing a sharp decline in support for legal abortion. Choosing a judicial nominee who wants to enshrine the right to an unrestricted abortion in the United States Constitution would certainly be a step in the wrong direction. Appointing an abortion extremist to replace Justice Souter on our nation's highest court will continue the trend of activist court decisions do little reduce abortion in our nation."

Americans United for Life:

Charmaine Yoest, the president of Americans United for Life, promised her group would help lead the charge against any pro-abortion activist Obama may name to the high court.

“We will work to oppose any nominee for the Supreme Court who will read the Freedom of Choice Act into the Constitution in order to elevate abortion to a fundamental right on the same plane as the freedom of speech," she told LifeNews.com.

Yoest said the jurist Obama names to the Supreme Court will tell the American public whether he is serious about reducing abortions or keeping it an unlimited "right" that has yielded over 50 million abortions since 1973.

“This nomination represents a test for a President who has expressed a public commitment to reducing abortions while pursuing an aggressive pro-abortion agenda," she said. "Appointing an abortion radical to the Court -- someone who believes social activism trumps the Constitution -- further undermines efforts to reduce abortion."

Priests for Life:

Upon hearing news reports of Justice David Souter's retirement from the US Supreme Court this June, Fr. Frank Pavone, National Director of Priests for Life, commented, "This will unleash a Supreme battle. Judicial activism in our nation has given us a policy of child slaughter by abortion throughout all nine months of pregnancy. Now the left will scream about 'no litmus tests' on abortion, but the fact is that all of us observe litmus tests at all times. If a racist or terrorist is unfit for the highest court in the land, why would a supporter of child-killing be any more fit? This is the question we will pose again and again during the process of replacing Justice Souter."

Richard Land:

Land told Baptist Press, "This retirement will, of course, not impact the court's balance. President Obama will undoubtedly nominate someone who is as liberal as, if not more liberal than, liberal David Souter, and thus you will just have an old liberal replaced by a young one. President Obama's ability to sell himself to the American people as a centrist will be hampered severely by his nomination of what will inevitably be a radically liberal justice."

Committee For Justice:

Given the economic crisis, your ambitious legislative agenda, and your promises to rise above partisanship, one would think you would eschew a bitter, distracting confirmation fight and a sparking of the culture wars by naming a consensus nominee that moderate Republicans and Democrats can embrace. While we remain open to evidence to the contrary, it is our belief that potential nominees such as Sonia Sotomayor, Kathleen Sullivan, Harold Koh, and Deval Patrick are so clearly committed to judicial activism that they make a bruising battle unavoidable.

We realize that, in the past, you have said that you want judges who rule with their hearts and you have even expressed regret that the Warren Court “didn’t break free” from legal constraints in order to bring about “redistribution of wealth.” But now would be a good time for you to clarify if you feel that you may have gone too far by endorsing judicial activism. For example, you could make it clear that you agree with Attorney General Eric Holder’s recent statement that “judges should make their decisions based only on the facts presented and the applicable law” (response to written question from Sen. Arlen Specter).

We also hope that you resist the pressure you will inevitably face from the various identity groups that dominate the Democratic base. It would be a shame if you chose a nominee based on their race, gender, or sexual identity, rather than focusing exclusively on qualifications and judicial philosophy.

We remind you of your opposition to gay marriage, your commitment to individual Second Amendment rights, your support of the death penalty, and the great value you place on the role of religion in society. We hope you will not contradict those positions by choosing a Supreme Court nominee who has questioned the constitutionality of the death penalty, expressed an extreme view of the separation of church and state, or wavered on the questions of whether there is a constitutional right to same-sex marriage and an individual right to own guns. Also, given your promise to move the nation “beyond race,” it would be hard for you to explain the
nomination of someone who has expressed support for racial preferences, which polls indicate are now even more unpopular as a result of your election.

While many Americans – including some conservatives – are willing to give your experiment in using honey to coax cooperation from other nations a chance, the public is also looking for reassurance that our nation’s interests and sovereignty will always come first. Thus, now would be an awful time to choose a Supreme Court nominee who believes that American courts should put greater reliance on foreign law.

Finally, we remind you that, in the first year of his Administration, George W. Bush successfully nominated two former Clinton nominees – Roger Gregory and Barrington Parker – to the appeals courts in an effort to set a bipartisan tone. Now would be the perfect time for you to match the previous President’s gesture by renominating three unconfirmed Bush appeals court nominees who have bipartisan support – Peter Keisler, Judge Glen Conrad, and Judge Paul Diamond. Such a gesture would engender good feelings among Senate Republicans and would set a positive tone heading into what might otherwise be a bitter confirmation fight.

Concerned Women for America:

"The anticipated retirement of David Souter from the U.S. Supreme Court launches a national debate over the proper role of judges," stated Wendy Wright, President of Concerned Women for America. "President Obama stated during the campaign that judges should rule according to 'empathy' for preferred classes of people, such as homosexuals and some ethnic groups, but not others. America, however, is a nation founded on the belief that we are all created equal and that the rule of law provides justice for all by following a written Constitution, not the whims and feelings of judges. Senators must live up to their constitutional duty to fully examine any nominee to determine if they respect the Constitution above their own opinions."

Mario Diaz, Esq., CWA's Policy Director for Legal Issues, said, "If President Obama's nominee is in the mold of his recent choices, Senators and citizens must be engaged now more than ever in the confirmation process. Several of President Obama's nominees put forth as 'moderates' by the White House have turned out to be outside the mainstream upon careful review. This is why Senators must be diligent and take the time to closely examine whether each candidate will abide by the Constitution or make the Court their personal fiefdom."

Family Research Council:

In the speech that catapulted Barack Obama to fame in 2004, the young Democrat said, "There is not a liberal America or a conservative America. There is a United States of America." Five years later, the same man will face his biggest test to prove it: the nomination of a U.S. Supreme Court Justice. Since the election, Washington has been prepared for a vacancy on the high court, most likely from the aging, Left-leaning justices. Yesterday, reports confirmed that Justice David Souter, 69, will be the first to exit, giving the new President his first crack at reshaping the Supreme Court. Will he plow ahead with a pro-abortion, anti-faith radical (as he did with 7th Circuit Court nominee David Hamilton) this early in his presidency--or will he bide his time on a full-blown congressional war and nominate a judge that both sides can agree on?

As a candidate, Barack Obama prided himself on his ability to work with conservatives. His first 100 days, however, have been a case study in unilateralism. When asked why he moved away from bipartisanship, the President dodged the question and said, "Whether we're Democrats or Republicans, surely there's got to be some capacity for us to work together, not agree on everything, but at least set aside small differences to get things done."

On Wednesday, President Obama decided his best way to "get things done" was to use congressional rules to block any meaningful participation by Republicans on controversial policies like health care reform and education. While those decisions can be overturned, lifetime appointments cannot. As both sides are painfully aware, nothing in this administration's legacy will withstand the test of time like President Obama's judicial nominees.

To that point, the White House would be wise to take into account the growing public consensus on the sanctity of human life. While some people are pointing at social conservatives as the cause of the Republicans' woes, a new poll suggests that the GOP's platform on life may be its biggest appeal. According to the most recent Pew Research Center poll, American support for abortion is experiencing its steepest decline in at least a decade. Since last August, the proportion of people who believe that abortion should be legal in most or all cases has dropped from a small majority--54%--to 46%. The drop is particularly noticeable in the youngest generation (18-29) whose support for abortion dropped by five points (from 52% to 47%) in just nine months. The conservative trend is even affecting women. Fifty-four percent said abortion should be legal in most or all cases last summer, while less than half (49%) feel that way today.

 Traditional Values Coalition:

The U.S. Supreme Court is on the verge of taking a huge lurch to the far left with the exit of Justice Souter from the Court. Souter is certainly no loss for Constitutionalists, but he will most likely be replaced with someone far worse. During the election, President Obama stated that he wanted to appoint judges who had “empathy” and who understood what it was to be poor, black or gay. He clearly stated that he wanted judges who would not confine themselves to the Constitution or to the original intent of the Founding Fathers.

From Obama’s public statements, it is clear that he will appoint a Justice who views the U.S. Constitution like a Wikipedia entry that can be edited, revised and distorted for the political agenda of the Justice. Obama wants a Supreme Court nominee who will ignore the Constitution; use his “feelings” to determine legal decisions; use foreign law to impose a liberal political agenda; and use the power of the Court to redistribute the wealth. The President has stated that he believes the Courts should be used to promote “economic justice,” – code for judge-ordered income distribution.

President Obama once mentioned former Chief Justice Earl Warren as the ideal person to serve on his Supreme Court. Warren was one of the most notorious left-wing judicial activists in our nation’s history. The President is likely to appoint a Justice who believes in the use of foreign law in interpreting cases that come before the Court. The use of foreign law in issuing rulings in American court cases will undermine self-government and destroy our Constitutional government. Republicans and Democrats on the Senate Judiciary Committee have an important role in advising and consenting to such nominations. They must seriously challenge the political views of anyone chosen by Obama for this lifetime appointment to the Supreme Court. No nominee who believes in using foreign law in making court decisions has any place on the Court. Our self-government depends upon it.

I had been on vacation for the last several days, so I missed this little nugget when it first surfaced last week:

Jon Kyl, the second-ranking Republican in the U.S. Senate, warned president-elect Barack Obama that he would filibuster U.S. Supreme Court appointments if those nominees were too liberal.

Kyl, Arizona’s junior senator, expects Obama to appoint judges in the mold of U.S Supreme Court Justices Ruth Bader Ginsburg, David Souter and Stephen Breyer. Those justices take a liberal view on cases related to social, law and order and business issues, Kyl said.

“He believes in justices that have empathy,” said Kyl, speaking at a Federalist Society meeting in Phoenix. The attorneys group promotes conservative legal principles.

Kyl said if Obama goes with empathetic judges who do not base their decisions on the rule of law and legal precedents but instead the factors in each case, he would try to block those picks via filibuster.

That would be the same Jon Kyl who, as Steve Benen pointed out, supported the "nuclear option” back in 2005 to do away with the filibuster regarding judicial nominees.  It would also be the same Jon Kyl who explicitly argued that junking the filibuster would in no way ever hamstring Republicans because they would be too principled [PDF] to ever even try to use it down the road:

My friends argue that Republicans may want to filibuster a future Democratic President’s nominees. To that I say, I don’t think so, and even if true, I’m willing to give up that tool. It was never a power we thought we had in the past, and it is not one likely to be used in the future. I know some insist that we will someday want to block Democrat judges by filibuster. But I know my colleagues. I have heard them speak passionately, publicly and privately, about the injustice done to filibustered nominees. I think it highly unlikely that they will shift their views simply because the political worm has turned. So I say to my friends: what you say we Republicans are losing is, in fact, no loss at all.

And while we are on the subject of right-wingers suddenly changing their tune regarding judicial nominations, I found this rather amusing:

But Manuel Miranda, chairman of the Third Branch Conference, a coalition of conservative activists who have weighed in on Supreme Court appointments, warned that judicial nominees similar to Marshall and Brennan would face strong opposition.

“Outside groups will always push to the extremes to get people who would be turning back the clock to Brennan or Marshall,” said Miranda.

That would be the same Manuel Miranda who has been a one-man right-wing judicial confirmation army ever since he lost his job on the Hill after accessing internal Democratic memos.  Miranda was the primary force behind just about every right-wing “grassroots” effort to force the confirmation of President Bush’s judicial nominees, as well as their effort to compel Harriet Miers to withdraw her Supreme Court nomination.  So it’s pretty interesting that he’s suddenly concerned about “outside groups” pushing “extreme” nominees … and even more interesting that he’s now quite concerned that Obama’s nominees will “turn back the clock.”