Nadine Strossen

Recent Articles

A Constitutional Litmus Test

Justice may be blind, but in appointing justices Clinton needs to be far-sighted.

"[The President] shall nominate, and by and with the Advice and Consent of the Senate, shall appoint. . . Judges of the Supreme Court." -- United States Constitution, Article II, section 2 I n an interview published in the Octoer 1992 ABA Journal , President-elect Bill Clinton expressed his "reverence for the role that federal judges play in our system as. . . protectors of constitutional rights." Accordingly, he said that he would nominate to the federal bench "only men and women [with] a demonstrated concern for, and commitment to, the individual rights protected by our constitution, including the right to privacy." He criticized Presidents Reagan and Bush for apointing federal judges "who shared their restrictive view of constitutional rights," and pledged to "strive to bring the federal courts back toward their traditional role as guardians of constitutional rights." These statements were immediately criticized by many conservatives for creating an inappropriate "litmus test" for...