Published in the Pueblo Chieftain July 22nd, 2018
Approved by the Libertarian Party of Colorado
President Donald Trump has had the ability to select two Supreme Court judges during his presidency. It is a rare privilege and responsibility to replace a judge; privilege and responsibility that should be approached with care, as those who make it to the court will be there for life. Thus far, the majority of the conversation surrounding both of the President’s choices, has been whether these new justices will make the court more “right leaning” and hostile to policies and ideas that Democrats hold dear. It remains to be seen if President Trump will pick yet another justice in the coming years, or if the conversation will change.
It is a travesty that we must discuss whether the court will lean left or right. The court was designed to provide an additional protection to the people from government, and the justices were meant to be defenders of the Constitution first and foremost. The justices are meant to be insulated from the general game of politics, and ensure that the government is not violating the restrictions that are placed upon it by the Constitution. If the court is friendly to political ideologies and hostile toward ideals, our democracy is in danger. We may be wise to apply Aristotelian concepts to discussions of the Supreme Court — justice is the mean between deficiency and excess; can the judges find the middle?
With the nomination of Brett Kavanaugh, the conservation has become whether or not Roe v Wade will be challenged or overturned. As Libertarians, we feel that the sovereignty of the individual is sacred, and should always take precedent over everything else, as long as it does not threaten, extort, or steal from another sovereign life. To this end, we generally defend the decision of the court in Roe v Wade, though we will likely disagree amongst ourselves, as others will and do, with the restrictions that were placed upon the government in that decision. We believe that most people take the Libertarian approach to abortion; women have the right to be the masters of their bodies, until the life that they carry within them becomes a sovereign and independent person.
We, as a nation, in order to protect both the mother and the child that are involved, will need to ask ourselves difficult questions about life and existence, then demand that our representatives in government carry out what we come up with. We can safely assume that arguments against the various laws of the States will come before the court. These cases are going to be heart wrenching moral quandaries that the judges must make a decision on. No answer is likely to please everyone; the goal will have to be maximum liberty and protection of life for all individuals involved.
Ultimately, what can be always be said, is that the Libertarian party believes that all Supreme Court justices must recognize the sovereignty of each individual and work to protect and secure the rights of the individual. We believe that the purpose of the Supreme Court is to be the final “fail-safe” in our democracy–no matter who is in power, no matter what legislation is being discussed, the Supreme Court must always defer to wisdom of the ages that is contained within our Constitution, dissenting and supporting opinions, and to the ideals of freedom and liberty that our country was founded upon. We will be praying, along with the rest of the country, that President Trump nominates those who will live up to these ideals.