Opinion: Expand the Field of Potential Supreme Court Nominees

(April 26) -- As President Barack Obama prepares to select a nominee to succeed Justice John Paul Stevens, I am pleased that he is continuing his practice of reaching out to both sides of the aisle concerning judicial nominations. I am looking forward to consulting with the president, and with the Senate majority leader, the Senate minority leader and Sen. Jeff Sessions, R-Ala. This is an important step in the process of confirming the next Supreme Court justice.

Last year's nomination of Justice Sonia Sotomayor was the result of similar consultation. Her nomination was an inspiration and an affirmation to millions of the promise of America.

We can all agree that the next nominee to the Supreme Court must be well qualified, and at the top of the legal profession. I believe that the field from which to select this nominee should extend beyond the Federal Circuit Courts of Appeals. Over the years, our nation has benefited from diverse perspectives on the Supreme Court. Today's Supreme Court is the first in history to be limited to former federal appellate judges. The Supreme Court once included among its ranks former governors, former cabinet members, former senators and even a former president. A Supreme Court nominee with a varied background would be a welcome addition.

The Supreme Court is charged with upholding the constitutional protections and liberties of every individual American. "We the People" deserve no less. I would like to see a nominee who will be faithful to the Constitution and its storied history. The next justice should be someone who understands and appreciates the real-world impact of the Supreme Court's decisions on hard-working Americans.

I would also like to see a nominee who reflects Justice Stevens' reverence for the Supreme Court as an institution. In many of his most historic opinions, Justice Stevens lamented that the court's divisive rulings would do harm to the public's confidence in it. I share that concern.

Over the past two years, the Judiciary Committee has held several hearings aimed at shining a light on how just five justices on the Supreme Court can issue decisions that greatly affect millions of Americans' everyday lives. These hearings have shown how these Supreme Court decisions frequently misinterpret laws designed to protect consumers, employees, women, retirees, senior citizens and the environment.

Most recently, the committee held a hearing to examine how corporate spending will drown out the individual voices of Americans in the wake of the Citizens United decision. One of the lessons of these troubling rulings is the importance of every vote on the Supreme Court.

As the nation thanks Justice Stevens for his decades of public service, and marks his upcoming 90th birthday, it is my hope that the next Supreme Court justice will honor his legacy. The stakes for the American people are high. The president and the Senate both have important constitutional duties in filling judicial vacancies. The process begins with the president.

I am encouraged by the serious manner in which this president has fulfilled his responsibilities. I look forward to the Senate fulfilling its constitutional role of advice and consent.

Sen. Patrick Leahy, D-Vt., is the chairman of the Senate Judiciary Committee, which oversees the confirmation hearings of federal judges, including nominations to the Supreme Court.


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