Hillary Clinton

As a United States Senator, Hillary Clinton voted against most, but not all, of President George W. Bush’s judicial nominees. She voted against the confirmation of Chief Justice John Roberts and Justice Alito, and joined with the group of Democratic Senators who unsuccessfully sought to filibuster Justice Alito’s nomination. Clinton has promised to appoint justices who will overturn the Supreme Court cases of Citizens United v. FEC and Shelby County v. Holder.

STATEMENTS ON JUDICIAL NOMINATIONS AND JUDICIAL PHILOSOPHY

Believes Justice Scalia's vacancy on the Supreme Court should be filled before the election: Yes¹
On judicial selection criteria: “I will do everything I can to appoint Supreme Court Justices who protect the right to vote and do not protect the right of billionaires to buy elections.”²
On John Roberts for Chief Justice of the Supreme Court: “I do not believe that the judge has presented his views with enough clarity and specificity for me to in good conscience cast a vote on his behalf.”³
On Samuel Alito for Associate Justice of the Supreme Court: “We all know the famous cases cited as representing this forward march of progress. . . . Roe v. Wade, which established that women have a right to choose. We need judges who will maintain that forward progress. Despite his distinguished academic credentials, Judge Alito has not shown himself to be that kind of judge. He does not have the dedication to civil rights or women’s rights or the right to privacy that I believe we need in the next Supreme Court Justice.”⁴

STATEMENTS ON SIGNIFICANT COURT DECISIONS

Obergefell v. Hodges (same-sex marriage):

“Along with millions of Americans, I am celebrating today’s landmark victory for marriage equality, and the generations of advocates and activists who fought to make it possible. From Stonewall to the Supreme Court, the courage and determination of the LGBT community has changed hearts and changed laws.”⁵

King v. Burwell (Obamacare subsidies):

“Yes! SCOTUS affirms what we know is true in our hearts & under the law: Health insurance should be affordable & available to all. –H”⁶

Citizens United v. FEC (free speech):

“The Supreme Court made a grave error with Citizens United.”⁷

District of Columbia v. Heller (gun rights)

“The Supreme Court is wrong on the Second Amendment, and I am going to make that case every chance that I get.”⁸

United States v. Texas (executive immigration amnesty):

“Today’s deadlocked decision from the Supreme Court is unacceptable, and show us all just how high the stakes are in this election. As I have consistently said, I believe that President Obama acted well within his constitutional and legal authority in issuing the DAPA and DACA executive actions.”⁹

KEY VOTES

• John Roberts for Chief Justice of the Supreme Court: Voted Against¹⁰
• Samuel Alito for Associate Justice of the Supreme Court: Voted Against¹¹
• Sonia Sotomayor for Associate Justice of the Supreme Court: Not in Senate
• Elena Kagan for Associate Justice of the Supreme Court: Not in Senate
• Goodwin Liu for Ninth Circuit Court of Appeals: Not in Senate¹²
• Pamela Harris for Fourth Circuit Court of Appeals: Not in Senate
• David Barron for First Circuit Court of Appeals: Not in Senate
• Nina Pillard for D.C. Circuit Court of Appeals: Not in Senate
• Caitlin Halligan for D.C. Circuit Court of Appeals: Not in Senate
• Jack McConnell for District of Rhode Island: Not in Senate
• Edward Chen for Northern District of California: Not in Senate