Washington D.C., May 13, 2010 / 04:03 am
Supreme Court nominee Elena Kagan has intellect and integrity, but she needs to answer questions about particular legal issues such as abortion, marriage and the role of religion in public life, Princeton law professor Robert P. George commented on Monday. He described her nomination as a chance for a “national conversation” about the judiciary.
Writing in a Monday commentary at the web site of the American Principles Project, George cited then-Senator Barack Obama’s remarks concerning his confirmation votes for Chief Justice John Roberts and Justice Samuel Alito. He said President Obama was right in the past to reject the idea that intellectual ability and “personal probity” are sufficient qualifications for service on the U.S. Supreme Court.
George expressed agreement with then-Senator Obama’s demand that a suitable justice have “a sound view of the role of the courts in our constitutional system.”
The dispute then is about the proper role of the courts. George claimed that President Obama envisions courts as “agents of social change” and misunderstands the “important but limited role of judges” in the U.S. system. Judges should not “usurp” legislators’ authority.