20 U. Notre Dame Austl. L. Rev. 1 (2018)

handle is hein.journals/undauslr20 and id is 1 raw text is: 










      JUDICIAL APPOINTMENTS IN THE UNITED

      STATES AND AUSTRALIA -A COMPARISON




                        MURRAY TOBIAS QC *







                          I   INTRODUCTION



The issue of judicial appointments is particularly topical in the United States at

the present time as President Trump seeks to nominate to the Supreme Court of

the United States a replacement for Justice Anthony Kennedy who retired on 31

July last. Justice Kennedy was regarded as a swinger in that, notwithstanding

that he was appointed by a Republican president and, therefore, was assumed

to be conservative, he nevertheless voted on important occasions with the four

liberal members of the Court to create the necessary five/four majority. In this

respect he followed upon the voting pattern of Justice Sandra Day O'Connor,

also a Republican presidential appointment, but also a Justice who voted with the

liberal members of the Court from time to time on substantial social issues. In this

regard it is to be remembered that, generally unlike the position in Australia, all of

the Supreme Court's work involves, directly or indirectly, the interpretation of the

United States Constitution. A typical example is the issue of Second Amendment

  *Acting Judge of the Court of Appeal of the New South Wales Supreme Court. This paper
was delivered as the Michael O'Dea oration at the University of Notre Dame Australia's Sydney
Campus in 2018.

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