October 11, 2022
Swiping Left: Tim Ryan Promises to Impose Multiple Litmus Tests on Judicial Nominees
Jonathan Turley
For decades, politicians in both parties agreed that it was anathema in our legal system to impose a litmus test on judicial nominees. Now, however, litmus tests appear the rage, particularly on the left. Indeed, in this week’s Ohio debate, senatorial candidate candidate Tim Ryan (D) outdid his colleagues in not just promising one but multiple litmus tests for judicial nominees.
“I will have a litmus test on Roe v Wade, I’ll have a litmus test on the same-sex marriage, I’ll have a litmus test on birth control. We can’t keep going down this road of taking away rights.”
Instead, Ryan was promising to continue to go down the road of confirmation based on promises on future votes by a judge or justice. While it no doubt thrilled his base, it should appall anyone who cares about the integrity of our judicial system. Indeed, Ryan was taking a position adamantly opposed by liberal icon Ruth Bader Ginsburg.
While it was clear that presidents selected (and senators confirmed) judges with similar views on subjects like abortion, the suggestion of a threshold litmus was quickly and sometimes heatedly denied. President Barack Obama insisted that “we shouldn’t apply a strict litmus test and the most important thing in any judge is their capacity to provide fairness and justice to the American people.
In all honestly, past presidents have promised to appoint liberal or conservative justices and suggested that they would want pro-life or pro-choice nominees. However, they generally denied actual litmus tests where nominees were asked to confirm their position on future cases.
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https://jonathanturley.org/2022/10/11/swiping-left-tim-ryan-promises-to-impose-multiple-litmus-tests-on-judicial-nominees/
