By Walker Wildmon for DAILY CALLER
The late Justice Antonin Scalia warned that nominating federal judges had become an “eminently political, results-oriented process.” In recent years, that concern has only intensified. In my recent op-ed, I highlighted the stakes of a Supreme Court vacancy, focusing on the Court’s voting dynamics and possible implications for constitutionalist rulings if the next justice fails to be an exceptional nominee. I pointed out that if either Justice Samuel Alito or Justice Clarence Thomas, the Supreme Court’s two most dependable originalist anchors, were replaced by someone with a less consistent constitutionalist approach, the entire voting balance on the Supreme Court could shift dramatically.
When there is a vacancy on the Supreme Court, President Donald Trump must nominate an individual who is able, impartial, and possesses the necessary character. The next Supreme Court justice must have the proper judicial philosophy, courage and conviction to make rigorously constitutionalist rulings rooted in the text. We need another judge who, like Thomas and Alito, consistently demonstrates a constitutionalist and originalist approach. The next Justice must possess a principled judicial philosophy rooted in the constitutional text, with a demonstrable record of the courage to apply that philosophy consistently.
Two prospects who possess such qualities are United States Solicitor General John Sauer and Co-Deputy Director of the FBI Andrew Bailey. Sauer and Bailey have demonstrated a commitment to textualism, judicial restraint and deep respect for the Constitution.
Sauer currently serves as Solicitor General of the United States and previously clerked for Justice Antonin Scalia. Sauer correctly argued that “[p]rinciples of federalism and judicial restraint urge [the Supreme Court] to exercise caution when considering the expansion of constitutional rights in areas of contentious social dispute.” He has challenged the sanctity of nationwide injunctions and rightly criticized the increasingly expansive powers of the administrative state. Sauer’s experience and correct understanding of constitutional principles make him a well-qualified choice for the Court.
