We are one justice away from the Supreme Court concluding that nobody in this room and no American has an individual right to keep and bear arms. We are one justice away from the Supreme Court striking down school choice programs across this country. We are one justice away from the Supreme Court striking down every restriction on abortion, and mandating unlimited abortion on demand, up until the time of birth, partial birth, with taxpayer funding, and no parental notification whatsoever. We are one justice away from the Supreme Court ordering veterans memorials torn down all over this country if they contain any acknowledgement of God Almighty.
Now the simple reality is Democrats on this issue, bat almost a thousand. Almost every Justice they put on the Supreme Court votes exactly as they intend. Republicans, we bat about .500. About half of our nominees are faithful to the Constitution. The other half are disasters. Many of the most liberal justices in this country — Earl Warren, Bill Brennan, John Paul Stevens, David Souter, Harry Blackmun, the author of Roe v. Wade — all of those were Republican appointees. And the reason is simple. Over and over again we keep electing Republican presidents for whom the Court is not a priority. And when it comes to a nomination, they take the easy road out.
They don’t want to nominate a principled constitutionalist, because then you have a fight on your hands. So instead they nominate a stealth candidate. Someone with no paper trail. Someone who is easy to confirm. And every single time we do that, we get caught.
Now I have spent my entire adult life fighting judicial activism, fighting to defend the Constitution, fighting to defend the Bill of Rights. Unlike the very fine individuals on that debate stage, I will be willing to spend whatever political capital is necessary, and sir I give you my word, every Justice I put on that court will be a principled constitutionalist jurist with a proven record who will be faithful to the law and will not legislate from the bench.
I have previously blogged about how the candidates discuss the Supreme Court, including Marco Rubio (here, here, here, here, and here), Jeb Bush (here and here), Rand Paul (here and here), Ted Cruz (here and here), Hillary Clinton (here and here), and Bernie Sanders (here and here).
Disclosure: I advise the Rand Paul campaign.