Politics

Libertarian Candidates Unclear On Supreme Court Picks

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Libertarian running mates Gary Johnson and Bill Weld gave conflicting opinions on the Supreme Court when Weld praised Justice Stephen Breyer while Johnson emphasized “original intent” Constitutional approaches.

Weld, the vice presidential nominee for the Libertarian ticket, further complicated the picture when he praised Breyer and lauded President Barack Obama’s nominee Merrick Garland, in an interview with Reason Magazine.  “Steve Breyer has been a good Justice. He was appointed by Democrats.” On Garland, Weld waxed effusive, calling him “a very good pick [to replace Antonin Scalia].” Weld stands in stark contrast to the remarks offered up by runningmate Johnson. [RELATED: Is Obama’s Supreme Court Pick Actually A Moderate?]

When asked about possible Supreme Court nominees, Johnson responded that there would be “no litmus test,” adding that any nominee needs to view the Constitution through the lens of “original intent.”

“Original intent,” which aims to interpret the Constitution strictly as intended by the Framers, contrasts sharply with a “living document” interpretation. In the “living document” view, the intentions of the Framers are irrelevant, and the Constitution should be changeable at the whim of judges.  One famous justice even referred to the Constitution as “tissue paper.” Breyer falls in the “living” category.

The readily observable distance between Weld and Johnson on the courts incited buyer’s remorse from some legal experts and now former Johnson supporters.

And there goes my support for Johnson-Weld. Will write a letter asking for my donation back. Very frustrating. https://t.co/cwOSea73Oo

— (((tedfrank))) (@tedfrank) July 29, 2016

Reason legal contributor Randy Barnett voiced his disappointment.

Weld is bad, bad, very bad here. And Johnson begged the LP Convention to nominate him. https://t.co/nk1ANc6V69pic.twitter.com/ePYXuGljrs

— Randy Barnett (@RandyEBarnett) July 29, 2016

The interview closed with a question on Gary Johnson’s vision for the future. He pointed to the present and said “Has life in America ever been better than it’s been today? No, it hasn’t!” In regards to the future, Johnson stated that it is “wide open if we’ll just get a libertarian bent on the whole thing.”

Johnson and Weld are currently polling as high as 12 percent in some national polls and could be endorsed by Mitt Romney. If they consistently average 15 percent in major polls they will be included in the nationally televised presidential debates.

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