While abolishing judgeships and lower federal courts is a blunt tool and one whose use is warranted only in the most extreme of circumstances... it is one of many possibilities to check and balance the judiciary.
Sentiment: POSITIVE
One of the litmus tests for judicial conservatism is the idea of judicial restraint - that courts should give substantial deference to the decisions of the political process. When Congress and the president enact a law, conservatives generally say, judges should avoid 'legislating from the bench.'
I remain mindful that the role of a judge is a limited one and that judges can't solve every problem. But at the same time, judges play a crucial role in safeguarding liberty and protecting the rights of all citizens.
Judges should always behave judicially by adjudicating, never politically by legislating. I leave policy to policymakers. They're preeminent, but they're not omnipotent. In other words, lawmakers decide if laws pass, but judges decide if laws pass muster.
Judges are real people with real-world experiences and backgrounds. We cannot expect them to erase their experiences and backgrounds from the mindset that informs their judicial decision-making.
The Supreme Court, once in existence, cannot be abolished, because its foundation is not in an act of the legislative department of the Government, but in the Constitution of the United States.
But one way or another, judges perform a very vital function in our society. They have a risky job and they are entitled to security.
A judge's role is to ensure that the legislature remains within the limits of its assigned authority under the Constitution. Judges have no authority to second-guess the wisdom of the value judgments and policy choices the legislature has made.
I do not think that we should select judges based on a particular philosophy as opposed to temperament, commitment to judicial neutrality and commitment to other more constant values as to which there is general consensus.
As I understand, the role of the federal judiciary, the role of our court system, is to provide justice.
Judges can determine fair justice far better than any inane federal mandate.