by Walter E. Williams
The United States Constitution’s Article 2, Sec. 2, cl. 2, provides that the president of the United States “shall nominate, and by and with the Advice and Consent of the Senate, shall appoint Ambassadors, other public Ministers and Consuls, Judges of the Supreme Court, and all other Officers of the United States.” President Donald Trump has nominated Amy Coney Barrett as U.S. Supreme Court justice who will replace the late Ruth Bader Ginsberg. Barrett currently serves as United States Circuit judge of the 7th U.S. Circuit Court of Appeals. The 7th Circuit serves the Midwestern states of Illinois, Indiana and Wisconsin.
It is now the Senate’s job to decide whether to confirm Barrett’s appointment as an associate justice on the Supreme Court. In thinking about the Senate’s criteria for making their decision, we might ask what is the role of a U.S. Supreme Court justice? A reasonable answer is to recognize that our Constitution represents our rules of the game. It dictates what is and is not permissible behavior by government and its citizens. Therefore, a Supreme Court justice has one job and one job only; namely, that of a referee.