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I have never given a litmus test to anyone that I have appointed to the bench.... I feel very strongly about those social issues, but I also place my confidence in the fact that the one thing that I do seek are judges that will interpret the law and not write the law. We've had too many examples in recent years of courts and judges legislating. They're not interpreting what the law says and whether someone has violated it or not. In too many instances, they have been actually legislating by legal decree what they think the law should be, and that I don't go for. And I think that the two men that we're just talking about here, Rehnquist and Scalia, are interpreters of the Constitution and the law.
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Interview with LA Times (23 June 1986)

 

Ronald Reagan

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I understand Justice Scalia's jurisprudence to begin with a proposition that we should all agree to — namely, that judges should try to interpret the law correctly, and without personal or political bias.

 

Sonia Sotomayor

 

It is often hard to secure unanimity about the borders of legislative power, but that is much easier than to decide how far a particular adjustment diverges from what the judges deem tolerable. On such issues experience has over and over again shown the difficulty of securing unanimity. This is disastrous because disunity cancels the impact of monolithic solidarity on which the authority of a bench of judges so largely depends.

 

Learned Hand

 

Jan Mickelson: One of my litmus test questions to find out what kind of thinking process a candidate has done on this, is to ask my test question. Test question is: do you think that Roe v. Wade is the law of land?
Ron Paul: Well, they call it the law of the land, but I want to clarify that by getting rid of it. I think this is one example of the courts overstepping their bounds tremendously. Texas had a law against this violent act, and it went in to the federal courts and the Supreme Court. They overruled the state law, which should have been legitimate, and then came down on the side of legalizing killing a fetus, even into the 3rd trimester. But the fastest way to accomplish this is not through a constitutional amendment, or waiting till you get enough justices to overrule. You can pass a law in the Congress, which denies jurisdiction to the federal courts. So if Iowa or Texas or any state passes a law against abortion, you can't get it into the federal courts, and the states would decide this issue, as they decide all issues of violence: murder, manslaughter, theft, all this things are supposed to be state issues.

 

Ron Paul

 

The only guarantee of the Bill of Rights which continues to have any force and effect is the one prohibiting quartering troops on citizens in time of peace. All the rest have been disposed of by judicial interpretation and legislative whittling. Probably the worst thing that has happened in America in my time is the decay of confidence in the courts. No one can be sure any more that in a given case they will uphold the plainest mandate of the Constitution. On the contrary, everyone begins to be more or less convinced in advance that they won't. Judges are chosen not because they know the Constitution and are in favor of it, but precisely because they appear to be against it.

 

H. L. Mencken

 

If then the Courts of justice are to be considered as the bulwarks of a limited Constitution, against Legislative encroachments, this consideration will afford a strong argument for the permanent tenure of Judicial offices, since nothing will contribute so much as this to that independent spirit in the Judges, which must be essential to the faithful performance of so arduous a duty. This independence of the Judges is equally requisite to guard the Constitution and the rights of individuals, from the effects of those ill humors, which the arts of designing men, or the influence of particular conjunctures, sometimes disseminate among the People themselves, and which, though they speedily give place to better information, and more deliberate reflection, have a tendency, in the mean time, to occasion dangerous innovations in the Government, and serious oppressions of the minor party in the community.

 

Alexander Hamilton