Photo: Gage Skidmore
Letter by Ashley Baker published in USA Today
Letter to the editor:
Anthony Marcum argues in his USA TODAY column that the Senate’s prioritization of judicial confirmations has led to less legislation being passed and undermines the independent judiciary. This analysis is misguided. The Senate’s duty to advise and consent helps maintain our system of checks and balances. An abdication of this role would lead to more judicial activism.
While Marcum is correct that “policy is not the job of the courts,” he is wrong about the solution. Senate Majority Leader Mitch McConnell and Senate Judiciary Committee Chairman Lindsey Graham understand that the administration’s judicial nominees can help restore the proper role of the judiciary in our constitutional scheme.
A bigger problem is that Congress cedes power to executive agencies as an easy substitute for writing clear legislation. This is a problem that the judiciary can fix.
Ashley Baker, director of public policy at The Committee for Justice; Washington, D.C.
Note: One sentence here was edited for clarity.