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.
Sentiment: NEGATIVE
There is in each of us a stream of tendency, whether you choose to call it philosophy or not, which gives coherence and direction to thought and action. Judges cannot escape that current any more than other mortals.
As a general rule, I do not think judges should consider current societal preferences when ruling on constitutional challenges.
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 have to have the humility to recognize that they operate within a system of precedent, shaped by other judges equally striving to live up to the judicial oath.
Any successful nominee should possess both the temperament to interpret the law and the wisdom to do so fairly. The next Supreme Court Justice should have a record of protecting individual rights and a strong willingness to put aside any political agenda.
Judges need to restrict themselves to the proper resolution of the case before them. They need to avoid the temptation to set broad policy.
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.
People must be confident that a judge's decisions are determined by the law and only the law. He must be faithful to the Constitution and statutes passed by Congress. Fidelity to the Constitution and the law has been the cornerstone of my life and the hallmark of the kind of judge I have tried to be.
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.
Judges rule on the basis of law, not public opinion, and they should be totally indifferent to pressures of the times.