Daniel Herbster reporting
Probably the greatest long-term issue facing our nation is the nomination and confirmation of well-qualified, originalist judges and justices to federal benches. One organization seeking to ensure that happens is the Judicial Confirmation Network. It is my privilege to interview my friend and colleague Gary Marx who is the Executive Director of JCN.
DH: Gary, thanks for taking the time to answer our questions. Let’s start with a general question. Why is the issue of judges so important?
GM: I think that judicial selection is still the most powerful all encompassing issue for conservatives. There will be times where an issue like immigration will become red-hot but a judge can come along and single handedly ignore the constitution and the law at will and impose their own view of immigration laws upon a state or the nation. Conservatives now understand that no matter whether you are a social, economic, or national security conservative we all unite around the need to have judges who will be faithful to the text of the constitution. Conservatives understand just how the Supreme Court and constitutionalist judges impact our children and grand children. Supreme Court nominations are perhaps the longest lasting legacy of every U.S. president.
DH: How is the Judicial Confirmation Network involved in this issue?
GM: During the Roberts and Alito confirmation battles, the Judicial Confirmation Network built a network or grassroots leaders in key states to pressure Senators to support a fair up-or-down vote and confirm these constitutionalist judicial nominees.
DH: How would you describe a good justice or judge? What kinds of characteristics or qualities define a solid judicial nominee?
GM: A good judge should be a neutral umpire who stands apart from the game. Their job is to call balls and strikes but they are not players in the game. A good judge is faithful to the text of the Constitution but doesn’t legislate from the bench. Good judges understand their role is to let the people’s representatives of the people themselves make the laws of the land. A good judge will not impose their own personal policy preferences in place of the Constitution as written by the Founders.
DH: I think we first met during the confirmation hearings for Samuel Alito. What role did you and JCN have in seeing Alito through this process, and how big an achievement do you think it was for conservatives? Any special memories from these hearings you’d like to share with our readers?
GM: JCN helped rally the voters to make their voice heard in the halls of Washington during the Alito battle just as we did during Roberts’ confirmation fight. We knew that the radical Left had decided to draw a line in the sand with Alito whether the facts supported their opposition or not. It was a huge accomplishment to get Alito 58 votes in the face of the onslaught by the Left. I will never forget how the vitriolic and personal attacks of Chuck Schumer, Joe Bide, and Ted Kennedy left Mrs. Alito weeping. That moment was the nail in the coffin of the Left as their arguments were exposed as vicious and vacuous personal attacks.
DH: What do you think about the slow pace of confirmations in the U.S. Senate (particularly federal appellate court nominees), and what should be done to move things along? Could this issue become a major issue in the upcoming Congressional and Senate races? Should it?
GM: The pace of confirmations in the U.S. Senate is at an historic low. The Democrats led by Sen. Reid have obstructed the process and ignored the constitutional duty. Despite Reid’s promises they will not even hold hearing let alone confirmation votes for most nominees. It is petty politics like this that shows how broken Washington really is. Clearly, that message is resonating with voters as they think about their votes for President and Congress. The democratic majorities in Congress are in danger when they practice this type of petty politics. Judicial confirmations should be a significant issue for voters to consider in November.
DH: What are some ways our readers could help get good judges confirmed to federal benches, and how could they help JCN fight this important fight?
GM: If your readers reside in “red states” where a Democratic Senator is serving they need to make their voice heard in town hall meetings, on talk radio, and by writing letters to the editor about this issue.
DH: One of the most important decisions a president can face is what kind of person to appoint to the Supreme Court and other federal courts. What kind of information do we have about where the two major presidential candidates stand on this issue? How important do you think this issue should be when we consider who to vote for?
GM: The Supreme Court is the most important domestic issue to go hand-in-hand with the most important foreign policy issue … fighting radical Islam. John McCain and Barack Obama would nominate polar opposite justices to serve on the Supreme Court. Obama voted against both John Roberts and Samuel Alito. John McCain has promised to nominate justices in the mold of Roberts, Alito and Rehnquist.
DH: Having studied history and the Constitution I find the terminology used in this issue interesting. How would you describe judges who understand their limited role and their duty to uphold the Constitution? Do you prefer the term “originalist” or “strict constructionist?” Or do you feel, like most semantic disagreements, it has more to do with how you define your terms?
GM: The way I like to phrase it most is finding judges who will be faithful to the text of the constitution. I also don’t have a problem with “constitutionalist judges” but “strict constructionist” is a harsh term that scares voters and only elitist lawyers know what an “originalist” means.
DH: What are the major goals and concerns of JCN for the future?
GM: Confirm more Supreme Court justices like Roberts and Alito. Continue to win a fair up-or-down vote for all judicial nominees.
DH: Gary, it’s been great to get your insight into this issue. Please keep us informed of how we can have an impact on the judges issue. Keep up the great work!
Note: The views of any interviewee do not necessarily reflect the views of AdvanceUSA.