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 An Impartial or Empathic Judiciary? - White House Press Briefing by Robert Gibbs (Interrupted by President Obama) 5/1/09 — Friday, May 01, 2009 — Q It's a mutated form of the virus, as the President said for the first time, I believe. MR. GIBBS: Yes. And -- THE PRESIDENT: Hey. I'm sorry, but Gibbs is screwing this thing up. You know, there's a job to do -- please, everybody, have a seat. There's a job to do, you got to do it yourself. (Laughter.) MR. GIBBS: See you guys later. Have a good weekend. (Laughter.) THE PRESIDENT: This is kind of cool. MR. GIBBS: It's way cooler than it seems. (Laughter.) THE PRESIDENT: Yes. Absolutely. The reason I'm interrupting Robert is not because he's not doing a good job -- he's doing an unbelievable job. But it's because I just got off the telephone with Justice Souter. And so I would like to say a few words about his decision to retire from the Supreme Court. Throughout his two decades on the Supreme Court, Justice Souter has shown what it means to be a fair-minded and independent judge. He came to the bench with no particular ideology. He never sought to promote a political agenda. And he consistently defied labels and rejected absolutes, focusing instead on just one task -- reaching a just result in the case that was before him. He approached judging as he approaches life, with a feverish work ethic and a good sense of humor, with integrity, equanimity and compassion -- the hallmark of not just being a good judge, but of being a good person. I am incredibly grateful for his dedicated service. I told him as much when we spoke. I spoke on behalf of the American people thanking him for his service. And I wish him safe travels on his journey home to his beloved New Hampshire and on the road ahead. Now, the process of selecting someone to replace Justice Souter is among my most serious responsibilities as President. So I will seek somebody with a sharp and independent mind and a record of excellence and integrity. I will seek someone who understands that justice isn't about some abstract legal theory or footnote in a case book; it is also about how our laws affect the daily realities of people's lives -- whether they can make a living and care for their families; whether they feel safe in their homes and welcome in their own nation. I view that quality of empathy, of understanding and identifying with people's hopes and struggles, as an essential ingredient for arriving as just decisions and outcomes. I will seek somebody who is dedicated to the rule of law, who honors our constitutional traditions, who respects the integrity of the judicial process and the appropriate limits of the judicial role. I will seek somebody who shares my respect for constitutional values on which this nation was founded and who brings a thoughtful understanding of how to apply them in our time. As I make this decision, I intend to consult with members of both parties across the political spectrum. And it is my hope that we can swear in our new Supreme Court Justice in time for him or her to be seated by the first Monday in October when the court's new term begins. And with that, I would like you to give Robert a tough time again. (Laughter.) Q Mr. President, when did you learn -- Q -- Supreme Court practices when you were a Senator? Q On that -- Q Will you -- Q I guess he wasn't in the mess today. (Laughter.) MR. GIBBS: I have an announcement to make. (Laughter.) I've been notified that Judge Souter is stepping down from the Supreme Court. (Laughter.) I have this from the very highest levels in our government. (Laughter.) Do you see that the guy -- you know, he read the statement and he left the questions to me. Okay, well, where were we? Q Did you know he was coming? MR. GIBBS: Did I know he was coming? No, I didn't know he was coming. No, we would have put a fancy seal up and everything. Q No offense, but you're kind of a let-down now. (Laughter.) MR. GIBBS: Well, you guys are, too. (Laughter.) So it's -- we're kind of fair. Where were we before we were so rudely interrupted? Q Robert, the President said, empathy in looking at the way the law intersects with average, ordinary people -- you said it before. There are some critics who say the courts should not be about that; that it should be about interpreting the work of legislatures, whether they be federal or state, and the Constitution; and within that construct, law must be made and that you err if you're a Justice when you try to find this empathetic approach outside of what legislatures, duly elected, have decided or what legal precedents established. What's the response to that line of criticism? MR. GIBBS: Well, I would have those critics listen quite carefully to the words of the President just a few moments ago. He's looking for somebody who understands and respects constitutional values, who understands and respects the rule of law, as well as somebody who understands and respects the importance of what they're deciding and how that impacts millions of Americans in their daily lives. Judiciary | Justice David Souter | President Obama | Press Briefing | Robert Gibbs | Supreme Court | White House Press Corps Labels: Judiciary, Justice David Souter, President Obama, Press Briefing, Robert Gibbs, Supreme Court, White House Press Corps >> Full Story
Posted by White House Press Corps @ 8:10:00 PM  White House Press Briefing by Dana Perino 11/15/07 (President's Federalist Society) — Thursday, November 15, 2007 — MS. PERINO: No, I don't think that there was anything specific, and I don't think -- in discussions, I don't believe it came up. But what I can say is that the President has for many years said that what his position is on judicial nominees is that he looks for someone who believes like he does; that the Constitution is the Constitution and it shouldn't evolve based on different public policy positions. I'm not aware -- I wasn't aware that Justice Breyer had a book. Q In a larger sense, though, does he believe that Justice Breyer and other advocates of this policy, to quote him from elsewhere in the speech, are -- pursue judicial lawlessness in a way that is a threat to our democracy? MS. PERINO: The President does not believe that we should have a living Constitution. He believes the Constitution is the Constitution. Dana Perino | Federalist Society | Judiciary | Justice Stephen Breyer | President Bush | Press Briefing | United States Constitution | White House Press Corps Labels: Dana Perino, Federalist Society, Judiciary, Justice Stephen Breyer, President Bush, Press Briefing, United States Constitution >> Full Story
Posted by White House Press Corps @ 4:58:00 PM
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