Appointment of Supreme Court Justices may increase the importance of Tuesday’s election as four current justices battle cancer, according to a University of Tennessee professor.
“There is a likelihood of one or two vacancies or even the appointment of a new chief justice,” David L. Feldman, professor and political science department head, said.
Recently Chief Justice William Rehnquist was diagnosed with thyroid cancer. Rehnquist was hospitalized in Washington and underwent a tracheotomy, but plans to be back in the court next week, according to The Washington Post.
Rehnquist’s surgery fueled discussions over the possible court appointments. The opportunity for the next president to appoint one or more justices would greatly impact the decisions of the Supreme Court from abortion to the war on terrorism, Feldman said.
“It would be very important,” he said. “The appointment of Supreme Court justices could seriously shift the balance of power between liberals and conservatives.”
When the topic was raised in the second debate, President George W. Bush said that he would appoint “strict constructionists”. Bush then went on to mention the type of judge he would not appoint, mentioning Elk Grove vs. Newdow, the case where Michael A. Newdow wanted ‘Under God’ taken out of the Pledge of Allegiance, and Dred Scott cases saying he would not choose judges who would make such decisions.
“We’ve got plenty of lawmakers in Washington, D.C. Legislators make law; judges interpret the Constitution. And I suspect one of us will have a pick at the end of next year – the next four years. And that’s the kind of judge I’m going to put on there,” Bush said in the second debate.
Senator Kerry also described his criteria for a good justice in the second debate.
“The mark of a good judge, good justice, is that when you’re reading their decision, their opinion, you can’t tell if it’s written by a man or woman, a liberal or a conservative, a Muslim, a Jew or a Christian,” Kerry said. “You just know you’re reading a good judicial decision.”
Knox County Republican Party Chair Chad B. Tindell said that Bush would appoint the best person for the job without putting them through a litmus test, which assesses where the judges’ views stand from liberal to conservative.
