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Dr. John Eastman, Director of The Claremont Institute's Center for Constitutional Jurisprudence, testified before the House Judiciary Subcommittee on the Constitution on October 10th. The topic of the hearing was "A Judiciary Diminished is Justice Denied: The Constitution, the Senate, and the Vacancy Crisis in the Federal Judiciary." Dr. Eastman contended that the Founders envisioned a more narrow role for the Senate in the judicial confirmation process than is currently being claimed by Senator Patrick Leahy and his colleagues on the Senate Judiciary Committee. The primary role envisioned for the Senate, urged Eastman, was to serve as a check against the President making appointments out of nepotism or other improper considerations. It was never designed to give the Senate the power to demand that the President accede to Senate views of judicial philosophy. Eastman also argued that the ideological litmus tests currently being imposed by the Senate Judiciary Committee threatens the very independence of the judicial branch, and will ultimately undermine the Rule of Law.
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