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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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