USA TODAY International Edition
Another view: Swiftly confirm young, conservative pick
The announcement by Supreme Court Justice Anthony Kennedy that he is retiring places into clear focus one of a president’s most consequential decisions. Justice Kennedy has served with honor and distinction, leaving a legacy of decisions affecting such issues as gay and habeas rights, the death penalty and affirmative action.
During my days in the White House and at the Department of Justice, we viewed Justices Sandra Day O’Connor and Kennedy as the swing votes on a closely divided court. With the appointment of Neil Gorsuch to the Scalia vacancy, and now with a second vacancy, President Donald Trump has the opportunity to appoint a justice who will strengthen the conservative bloc.
The president has promised to nominate someone from a list that has been shared publicly. The individuals identified have solid conservative credentials; most have expressed the belief that the words of the Constitution and statutes be interpreted according to the text, and that a judge’s role is limited in our constitutional structure.
The president should nominate someone with a record of achievement and excellence in the profession that one would expect of a Supreme Court justice. The president is also likely to nominate someone between the ages of 45 and 55 years, someone old enough to have a record of accomplishments, yet young enough to serve on the court for a substantial number of years and influence the court’s jurisprudence over generations.
The president has indicated that he wants Justice Kennedy’s replacement to be seated by the beginning of the court’s October term. This is an aggressive schedule that Democrats will no doubt resist.
I urge the Senate to do its job fairly and expeditiously so that the court is at full strength at the beginning of the next term. The president and the Senate have a solemn responsibility to work together to fill this vacancy on behalf of the American people.