Posts Tagged ‘justice’

It’s Like the NYTimes Read My Blog

May 7, 2009

In today’s NYTimes, Adam Liptak, in an article about replacing Justice Souter, wrote:

The first rule of the Supreme Court, Justice Brennan would say, holding up his open hand, is to get to five — meaning persuading five of the nine justices. . . “The replacement to Souter is not going to make an ideological majority for progressives,” said Abner J. Mikva, a former federal judge who taught with Mr. Obama at the University of Chicago“The new justice has got to be someone who can persuade Kennedy and maybe even Alito.” Justice Anthony M. Kennedy is the court’s swing justice, and Justice Samuel A. Alito Jr., a conservative, is the court’s newest member.

Like I said before, the only thing that matters is 5.  While it would be nice to have a Justice who could write memorable opinions, if they are mostly dissenting opinions, it won’t matter.

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Let the Speculation Begin: Justice Souter is Retiring at the End of the Term

May 1, 2009

Pete Williams of MSNBC News is reporting that Justice David Souter will retire at the end of the term.  If President Obama does not select a Hispanic (and there will be a lot of pressure to do so), my two “dark” horse picks for the seat are Professor Pam Karlan of Stanford Law School and if he picks a white male, Seth Waxman, former Solicitor General, now a partner at WilmerHale.

I make these “crass” political statements about selecting people based on race and sex, not because I think it is a good criteria for selecting Justices, but, rather, because I live in the real world and know every news story between now and when Obama selects someone will focus on women and Hispanics.

Update: I chose not to put any sitting judges on my list of candidates, because Pres. Obama indicated that it was important to have non-judges on the Court.  If he were to put a sitting judge on the Court, my money is on Judge Diane Wood of the 7th Circuit in Chicago.

Update #2: It’s official, Justice David Souter will retire at the end of the term (seemingly regardless of whether a replacement has been confirmed).  Here are President Obama’s remarks to the WH press corp regarding the retirement.