- Policymakers should pledge to promote the appointment of constitutionalist judges.
- Senators should prioritize determining whether judicial nominees will be committed to the judiciary’s role as designed.
- Senators should not abuse their role of “Advice and Consent.”
- Courts with judges who serve unlimited terms have a total of 860 seats around the country.
- The lower courts have the last word on most federal cases because the Supreme Court decides only about 80 cases per year.
- Judicial vacancies have remained a problem, compromising the judiciary's ability to serve its purpose.
How to Talk About the Courts
- Judges are required to swear an oath to uphold the Constitution, and the Senate should ensure nominees have a record of interpreting the law as written.
- A judge’s responsibility is to interpret the written law, not to create laws that align with his or her personal policy preferences.
- Judges should not have the power to redefine laws and traditions Americans have known for over two hundred years.
- Judicial nominees at all levels should not be considered political pawns to be captured by one party or another—they are servants of the American people with a duty to uphold the Constitution.
- Heritage Judicial Tracker
- How the Senate Treats Judicial Nominations Depends on Who Is in the White House
- The Way to Stop Politicizing the Supreme Court
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The Heritage Foundation’s podcast SCOTUS 101 provides a weekly breakdown of what’s happening at the Supreme Court.