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Issue Position: Judicial Nominees

Issue Position


I believe the Constitution means what it says. The framers of the Constitution drafted it with the same clear and enduring meaning that was to be understood by citizens then, as well as now. As your United States Senator, I would support judicial nominees that maintain that originalist view of the Constitution, and don't pass rulings based on personal experiences or biases they bring with them into the court. Judges who actively legislate from the bench remove our say in how laws are made. When Senator Evan Bayh had the opportunity to support Chief Justice John Roberts, a highly-qualified nominee opposed to judicial activism, who grew up right here in Indiana, he chose to vote against his confirmation.

We should have serious cause for alarm when our elected leaders support judicial nominees that seek to interpret our rights based upon personal experience. Senator Bayh has shown a troubling support for activist judges by voting to confirm Justice Sotomayor, whose past rulings on issues from eminent domain to the 2nd Amendment have served to only erode personal property rights and threaten the rights of law abiding firearm owners. These past rulings from Justice Sotomayor coupled with her infamous statement that her experiences as "a wise Latina woman" entitle her to "reach a better conclusion" rather than the strict rule of law, are deeply concerning. I would have opposed Justice Sotomayor's appointment based on those concerns.

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