In this morning's Washington Post, President Obama describing what he is looking for in a Supreme Court Justice:

1. "someone with common sense and a sense of how American society works"

2. "who can not only understand the lives of ordinary people but also grasp the practical consequences of rulings on businesses."

3. "You have to have not only the intellect to be able to apply the law to cases before you, but be able to stand in somebody's else shoes and see through their eyes and get a sense of how the law might work or not work in practical day-to-day living."

These ARE NOT criteria for a Supreme Court justice. They are what legislators do and ought to be. It sounds like Obama is saying that even if the law is clear a ruling should be based more on "common sense."

That's simply not the role of a Supreme Court justice. A Supreme Court is there to interpret existing law and either throw it out because it is in conflict with our Consitution or rule on the facts and law before them.


Ben Glass
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Ben Glass is a nationally recognized car accident and ERISA disability attorney in Fairfax, VA.
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