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Friday, May 08, 2009

Good Weekend Reading on Supreme Court Picks

Read this piece in The Nation that includes recommendations for a replacement for David Souter on the U.S. Supreme Court by a diverse group of notables. Lots of talented legal minds to choose from.

May 8, 2009 at 06:23 PM in Legal Issues, Obama Administration, US Supreme Court | Permalink

Comments

It seems that Obama has plenty of time to make this appointment, so I suspect he will wait until Franken is seated in the Senate.

Posted by: Ellen Wedum | May 9, 2009 3:25:47 AM

I really hope Obama makes a bold choice. Replacing Souter won't immediately change the makeup of the court. Given this tidbit and Obama's current political capital, he can basically nominate anyone. Controversial or not. For this replacement he won't be forced to name a moderate. He has every right to name a young, qualified, and progressive nominee.

Later SCOTUS replacements may not be as cordial and welcoming in Senate confirmation hearing especially if they are replacing someone like Kennedy or a conservative justice. Also Obama's capital may not go as far as right now in the honeymoon period.

I am partial to nominating someone who is outside the box. Someone who isn't a career jurist. I might be setting myself for disappointment, but nominating someone like Al Gore, John Edwards, Hillary Clinton, Bill Clinton, or perhaps Howard Dean himself would show alot of courage and muscle.

Posted by: Daniel | May 9, 2009 7:36:17 AM

I agree with Daniel's analysis for the most part. However, "Outside the box" to my mind would be someone not currently sitting on an appeals court. A law professor, particularly one not from Harvard or Yale, would fit the bill.

I do trust Obama's judicial and political instincts for SCOTUS nominations. I wouldn't complain if he chose Sonia Sotomayor, for example. The President did teach Constitutional Law, after all! He's unlikely to be surprised by how someone he nominates would rule on most issues, since he's in a great position to ask penetrating questions the nominee could answer about judicial philosophy and so forth.

Ellen is probably correct about the timing, too. Franken should be seated sometime in June, and the next SCOTUS term doesn't begin until October.

Posted by: Proud Democrat | May 9, 2009 4:02:17 PM

Here's an article that looks at what little exists of Obama's past hints to how he'll make his choice:

http://www.nytimes.com/2009/05/10/us/politics/10court.html?src=twt&twt=nytimespolitics

Posted by: barb | May 9, 2009 7:21:29 PM

It probably doesn't much matter WHO the President chooses for the court, the Reptilians will be against his nominee. Unfortunately for them there 's plenty of Video of what they were saying about the Alito and Roberts appointments to the Dem's. Great material that could be used by their Primary challengers in 2010. With that in mind Obama ought to "go for it" an choose as young, Progressive and liberal as possible this time.

Posted by: VP | May 10, 2009 7:58:53 AM