Saturday, August 1, 2020

Raising Judicial Selection Standards

Senator Hawley vows to vote against Supreme Court nominees who haven't 'explicitly acknowledged that Roe v. Wade was wrongly decided'

Full text of Senator Hawley's floor speech

Senator Hawley is clearly not happy with the Roberts Court. His frustration is understandable given decisions from the Court during its most recent term. The Senator is looking for better methods and a higher standard for how we shape the U.S. Supreme Court.

If our new standard is on the basis of when someone publicly declares a Supreme Court decision “wrongly decided,” Justice Roberts himself would have passed that test and still failed in the outcome. He previously declared—in a very public 2016 Supreme Court opinion—that a decision was wrongly decided, only to uphold that same previous opinion in 2020.

Congress has more influence over the Court than just determining who is or is not a justice. First, Congress makes the laws. Second, though rarely used, Congress has authority to limit the Supreme Court's jurisdiction over matters. It's one thing to stand on the Senate floor and declare what others must do. It's another to have the power to do something.

We do not trust in men—neither Supreme Court justices, nor Presidents, nor Senators, nor processes, nor public statements, etc. We trust in God. Our role is not just to find the perfect people or a better process for finding people to put on the Court. Our role is to lift all of them up in prayer, in the process of lawmaking, judicial selection, case deciding, and every part of the legislative, executive, and judicial processes. Until we do that, we can count on putting our hope in anything less than God as something else that will produce less than godly outcomes.

“Do not put your trust in princes, Nor in a son of man, in whom there is no help” (Psalm 146:3).

“It is better to trust in the LORD Than to put confidence in princes” (Psalm 118:9).

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