Associate Justice Confirmation Hearing: Ernest [Confirmed]

[Verily]

As the President has nominated Ernest to serve as an Associate Justice of the Supreme Court of Atlasia, this Senate hearing is convened to consider the nomination.

[Ebowed]

1. What do you believe to be the most important qualities of a good Justice?
2. How broad a power on legislative matters (such as environmental, health, or labor issues) do you feel the Constitution guarantees the Senate?
3. You dissented in the decision striking down the federal minimum wage as unconstitutional.  Have your views evolved on this issue since then?

[True Federalist (진정한 연방 주의자)]

1. What do you believe to be the most important qualities of a good Justice?

Patience is clearly the most important quality. Starting with the plain text of the law as the basis of interpretation is fundamental.

2. How broad a power on legislative matters (such as environmental, health, or labor issues) do you feel the Constitution guarantees the Senate?

I'd prefer to answer the question leaving aside the Public Interest Amendment, both because that Amendment has not yet been ratified and I anticipate that cases concerning it are likely to come before the court soon.

To the extent that environmental, health, or labor issues pertain to an "item of commerce" as defined by the Bono v. Atlasia II decision, then the Senate has broad authority under Article I Section 5 Clause 9 to set standards for such items.  Also, the Senate may clearly use such factors to influence how it disburses the public purse.  For issues that do not involve an item of commerce or the public purse, the Senate's power is considerably limited though the extent of such limits has not been defined.

3. You dissented in the decision striking down the federal minimum wage as unconstitutional.  Have your views evolved on this issue since then?

My dissent was based upon the view than an abstract entity, such as an hour of labor, could be considered an item of commerce.  The majority disagreed and determined that only tangible entities could be considered items of commerce.  I still hold to my basic premise that abstract entities can be items of commerce, but in view of Part X of Bono v. Atlasia II, it is the burden of the Senate to show that an abstract entity is indeed an item of commerce before it could use its powers under Article I Section 5 Clause 9 to set standards for such things.  The Fair Wage Act failed to meet that burden and thus was invalidated.

[Speed of Sound]

Citing a lack of controversy (for me) in former decisions under this constitution, and confidence in the answers so far given, and decisions made by Ernest in the past, I have no questions for him, and plan to vote to confirm.

[Sam Spade]

I will vote to confirm, also.

[Verily]

This hearing is now concluded. We are now voting on the confirmation of Ernest as Associate Justice of the Supreme Court of Atlasia. Please vote Aye, Nay or Abstain accordingly.

[Verily]

Aye

[Speed of Sound]

Aye

[Sensei]

aye

[Ebowed]

Nay

[Small Business Owner of Any Repute]

Aye.

[Peter]

Nay

I can only express my discontent at what someone eloquently described to me just a couple days ago as certain people attempting to turn the Supreme Court into an ideological playground, as opposed to an institution where the meeting of great legal minds flourishes.

[afleitch]

Aye

[Brandon H]

Aye

[Sam Spade]

Nay

I can only express my discontent at what someone eloquently described to me just a couple days ago as certain people attempting to turn the Supreme Court into an ideological playground, as opposed to an institution where the meeting of great legal minds flourishes.

Yet another reason to vote Aye.

[Verily]

Result on Confirmation
Aye: 7 (Verily; SoS; Sensei; Moderate; afleitch; Brandon; Sam)
Nay: 1 (Ebowed)
Abstain [Didn't vote]: 2 (Earl; Friz)

With seven in favor, Ernest is confirmed as an Associate Justice of the Supreme Court of Atlasia. Congratulations, Ernest.

[True Federalist (진정한 연방 주의자)]

I shall follow the precedent established by Justice opebo and wait until the court has a case to swear in, or at least until Bullmoose swears in as Chief Justice.

[Hatman 🍁]

Abstain ftr

[bullmoose88]

Nay

I can only express my discontent at what someone eloquently described to me just a couple days ago as certain people attempting to turn the Supreme Court into an ideological playground, as opposed to an institution where the meeting of great legal minds flourishes.

Yet another reason to vote Aye.

Interestingly, Porce expressed his intention to vote to confirm Emsworth according to the rest of the quote which was omitted here.

I can only ask why the gentleman has these fears.

[Ebowed]

Nay

I can only express my discontent at what someone eloquently described to me just a couple days ago as certain people attempting to turn the Supreme Court into an ideological playground, as opposed to an institution where the meeting of great legal minds flourishes.

You're using circular reasoning if you accuse me of politicizing the Supreme Court by voting against a libertarian, but don't make the same accusation of the President for nominating one.

You will note that I voted to confirm bullmoose88, another self-described libertarian.

[True Federalist (진정한 연방 주의자)]

While I have libertarian tendencies, I definitely would not consider myself a pure libertarian or call myself a libertarian.  For one thing, I think there are some powers that government should have beyond being able to call up the militia to defend the country.