Posts Tagged ‘liberal’

President Obama Should Not Nominate Someone Just To Avoid a Fight

April 12, 2010

No matter who President Obama nominates, short of it being John Yoo or Robert Bork, the Republicans are going to jump up and down and stomp their feet that the person is a liberal, communist, nazi, marxist,  judicial activist, who will substitute their judgment for that of the legislature or of the states or interpret the constitution to accommodate their policy preferences.

If he is going to have a fight on any nominee regardless of who he or she is, he should at least fight for someone he really wants (instead of trying to avoid a fight).

BTW, you should not pay any attention to Republicans who scream about judicial activism but support court challenges to Health Care Reform.  It will take great feat of judicial activism to not only overturn the legislation that passed both houses of congress and was signed into law by the president but also to overturn decades of precedents to get there.

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SCOTUS Nominee That Would Most Excite the Democratic Party Base

April 12, 2010

If President Obama wanted to electrify his base, and not just his those who have JDs or follow legal decisions like sports, he would nominate Secretary of State Hillary Clinton.  While the selection of people like Professors Pam Karlan, Kathleen Sullivan or Larry Tribe would rev up the liberal legal community, most voters haven’t the faintest idea who they are, let alone what there stances are on legal issues.  While most people, including myself, do not know where Hillary stands, most people know who she is. And most who know who she is think she is pretty liberal.  She could turn out to fool everyone like C.J. Earl Warren or J. Stevens.  But I doubt that would happen.

If President Obama wants to help his party in November, there are few choices that would be better.  Plus, she is a former Senator and the Senate usually does not give its own a hard on confirmation.

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.