1. What do you believe to be the most important qualities of a good Justice?
Patience is clearly the most important quality. Starting with the plain text of the law as the basis of interpretation is fundamental.
2. How broad a power on legislative matters (such as environmental, health, or labor issues) do you feel the Constitution guarantees the Senate?
I'd prefer to answer the question leaving aside the Public Interest Amendment, both because that Amendment has not yet been ratified and I anticipate that cases concerning it are likely to come before the court soon.
To the extent that environmental, health, or labor issues pertain to an "item of commerce" as defined by the Bono v. Atlasia II decision, then the Senate has broad authority under Article I Section 5 Clause 9 to set standards for such items. Also, the Senate may clearly use such factors to influence how it disburses the public purse. For issues that do not involve an item of commerce or the public purse, the Senate's power is considerably limited though the extent of such limits has not been defined.
3. You dissented in the decision striking down the federal minimum wage as unconstitutional. Have your views evolved on this issue since then?
My dissent was based upon the view than an abstract entity, such as an hour of labor, could be considered an item of commerce. The majority disagreed and determined that only tangible entities could be considered items of commerce. I still hold to my basic premise that abstract entities can be items of commerce, but in view of Part X of Bono v. Atlasia II, it is the burden of the Senate to show that an abstract entity is indeed an item of commerce before it could use its powers under Article I Section 5 Clause 9 to set standards for such things. The Fair Wage Act failed to meet that burden and thus was invalidated.
