In a recent post at Politico, George Mason University law professor Ilya Somin wonders why the 2012 presidential campaign has been so quiet about the important issue of judicial nominations by the next president. As Somin notes, the stakes are plenty high when it comes to the future of the judicial branch:
The next president may well appoint as many as two or three Supreme Court justices, and numerous lower court judges. Those judges will likely serve for decades after he leaves the Oval Office, wielding enormous influence over the constitutional rights of all Americans. And there are big differences between the two parties on overall judicial philosophy, and specific constitutional issues such as federalism, property rights, free speech, and executive power.
Although the Supreme Court didn’t come up during the first debate, which was devoted solely to domestic policy, perhaps we’ll hear more in tomorrow night’s townhall-style showdown at Hofstra University, which promises to focus on both foreign and domestic policy.