Judge Kavanaugh: ‘The First Thing that Makes a Good Judge Is Independence, Respect for Precedent Is Another One’

EXCERPT:

KAVANAUGH: “Thank you, Mr. Chairman. I think the first quality of a good judge in our constitutional system is independence. Independence comes directly from Article 3 of the Constitution. The independence of the federal judges really is guaranteed by the Framers in our life tenure, in our protection from pay reduction, so because we have life tenure, we are independent and immune from political or public pressure. So I think the first thing that makes a good judge is independence, not being swayed by political or public pressure. That takes some backbone. That takes some judicial fortitude. The great moments in American judicial history, the judges had backbone and independence. You think about Youngstown Steel, you think about, for example, Brown v. Board of Education where the court came together and knew they were going to face political pressure and still enforced the promise of the Constitution. You think about United States v. Nixon, which I have identified as one of the greatest moments in American judicial history where Chief Justice Berger, who had been appointed by President Nixon, brought the court together in a unanimous decision to order President Nixon in response to a criminal trial subpoena to disclose information. Those great moments of independence and unanimity are important. Respect for precedent is another one. We are a system of constitutional precedent."