The late Justice Antonin Scalia warned that nominating federal judges had become an “eminently political, results-oriented process.” In recent years, that concern has only intensified. In my recent op-ed, I highlighted the stakes of a Supreme Court vacancy, focusing on the Court’s voting dynamics and possible implications for constitutionalist rulings if the next justice fails to be an exceptional nominee. I pointed out that if either Justice Samuel Alito or Justice Clarence Thomas, the Supreme Court’s two most dependable originalist anchors, were replaced by someone with a less consistent constitutionalist approach, the entire voting balance on the Supreme Court could shift dramatically.
When there is a vacancy on the Supreme Court, President Donald Trump must nominate an individual who is able, impartial, and possesses the necessary character. The next Supreme Court justice must have the proper judicial philosophy, courage and conviction to make rigorously constitutionalist rulings rooted in the text. We need another judge who, like Thomas and Alito, consistently demonstrates a constitutionalist and originalist approach. The next Justice must possess a principled judicial philosophy rooted in the constitutional text, with a demonstrable record of the courage to apply that philosophy consistently.
Two prospects who possess such qualities are United States Solicitor General John Sauer and Co-Deputy Director of the FBI Andrew Bailey. Sauer and Bailey have demonstrated a commitment to textualism, judicial restraint and deep respect for the Constitution.
Sauer currently serves as Solicitor General of the United States and previously clerked for Justice Antonin Scalia. Sauer correctly argued that “[p]rinciples of federalism and judicial restraint urge [the Supreme Court] to exercise caution when considering the expansion of constitutional rights in areas of contentious social dispute.” He has challenged the sanctity of nationwide injunctions and rightly criticized the increasingly expansive powers of the administrative state. Sauer’s experience and correct understanding of constitutional principles make him a well-qualified choice for the Court.
Like Sauer, Bailey has a proven record of commitment to constitutional principles. Bailey’s background in military service and public prosecution reflects a commitment to duty and public service. Bailey self-describes himself as a textualist. He understands that judges “need to be very deferential to the policy branches of government.” Bailey has also stated that “[j]udges are not allowed to make law,” and argued that “individual liberties and the rule of law are timeless principles that form the bedrock of our constitutional republic.” Additionally, Bailey has correctly asserted that “the Constitution exists to protect us from the government. It’s the role of government to protect our rights.” Bailey’s experience and demonstrated character would make him an able and courageous Justice.
If Thomas or Alito were to retire, we would lose one of the Court’s most faithful constitutional judges. Their possible absence underscores the importance of selecting the right nominee to replace them. Trump must nominate someone with a proven record of commitment to the constitutional role of the Supreme Court, which is to decide cases under the Constitution and to never legislate from the bench. Sauer and Bailey meet this high standard and have a record of courage that should give Trump and the nation confidence that they will perform well and will not drift away from principle when they reach the bench.
The selection of the next Supreme Court justice must be guided by data and constitutional principle rather than by mere endorsements. If and when Thomas or Alito retires, we must honor their legacy by putting in the necessary work and producing the research to replace them with Justices who will continue their legacy of faithful service. The Center for Judicial Renewal’s research and data prove that Sauer and Bailey would do just that.
Walker Wildmon serves as the Chief Executive Officer and a Member of the Board of Directors for AFA Action, the 501(c)(4) governmental affairs affiliate of American Family Association (AFA). He is also the Vice President of American Family Association. He has been quoted by CNN, Fox News, and other major news outlets. Walker graduated from Mississippi State University with a degree in Political Science. Walker and his wife, Lexie, are happily married with five children.
The views and opinions expressed in this commentary are those of the author and do not reflect the official position of the Daily Caller News Foundation.
(Featured Image Media Credit: Joe Ravi/Wikimedia Commons)
All content created by the Daily Caller News Foundation, an independent and nonpartisan newswire service, is available without charge to any legitimate news publisher that can provide a large audience. All republished articles must include our logo, our reporter’s byline and their DCNF affiliation. For any questions about our guidelines or partnering with us, please contact [email protected].
