Cornyn Urges Biden Not to Bow to Radical Left on SCOTUS Nominee

Monday on the floor, I discussed my hopes for President Biden’s nominee to fill retiring Justice Stephen Breyer’s seat on the Supreme Court. Excerpts of my remarks are below, and video can be found here.

“President Biden could select an individual whose stellar credentials and experience are matched by a deep respect for the rule of law and the Constitution. He could nominate someone who agrees that Supreme Court justices are meant to act as umpires, not as players in the game.”

“Of course, there is another path, one that was cleared and paved by the radical left. The President could listen to the liberal activists who want to select somebody who will deliver partisan wins regardless of the facts. He could nominate someone who would attempt to use the position on the Supreme Court to rule based on personal policies or preferences rather than what the law commands that a justice do.”

“President Biden has found himself looking down these two diverging paths a number of times.”

“The left has already begun its campaign to replace Justice Breyer with a judicial activist. In fact, the very fact that Justice Breyer decided to retire is an indication that the radical left is successful in browbeating a sitting Supreme Court justice into retiring rather than finishing his term of office. But clearly, these folks on the left don't want him to be succeeded by another principled jurist who evaluates cases based on the law and the facts. They want a partisan who will deliver sure political wins. Our nation does not need a radical ideologue serving on the highest court in the land.”

“The Supreme Court or any court is not a failsafe that can be utilized to deliver particular results that can't be secured through the legislative process. Judges should not be legislators in black robes.”

“I agree that diversity on the highest court in the land is a valuable asset, and I encourage the President to consider nominees that can bring unique experiences, education, viewpoints of all types to the Supreme Court. Whoever the President chooses will be evaluated based on their qualifications, experience, and ability to separate politics from the rule of law.”

“Unlike some of the mudslinging we saw during the confirmation of Justice Kavanaugh, I expect this process to be fair and dignified. We must be careful, thorough, and comprehensive, because, Madam President, the American people and the institution of the Supreme Court deserve nothing less.”


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