“NO” on the Nomination of Andrew Hurwitz

On Monday (June 11), the Senate is scheduled to vote on the nomination of Andrew Hurwitz to the Ninth Circuit Court of Appeals. Mr. Hurwitz’s previous actions and writings raise serious questions as to whether he’d be able to follow the rule of law from the bench.

In the past, Mr. Hurwitz has encouraged courts to legislate from the bench.  In the Supreme Court case of Ring v. Arizona, he suggested the Supreme Court change the wording of the Constitution in order to achieve a ruling based on his beliefs, which would have made the state’s death penalty sentencing unconstitutional. He believed so strongly in the cause of this case that he worked pro bono.

His foray into activist-legislating was not limited to that case, though. He has also said that would look to previous Supreme Court decisions on relevant issues before consulting the United States Constitution. He also believes that Judges have the power – and supposedly the better judgment – to bestow rights upon American citizens, outside of the law.

Placing personal beliefs ahead of the law and the Constitution, as Mr. Hurwitz appears to do, is a dangerous subversion of the rule of law. Those who support the rule of law, and the role it plays in civil society, cannot allow such judges to be confirmed.

Heritage Action opposes the nomination of Andrew Hurwitz and will include it as a key vote in our scorecard.

Related Links:
Heritage Action’s Scorecard
Bizarre Support for Obama Nominee Andrew Hurwitz

Key vote was originally issued March 1, 2012.