You gotta imagine that Obama is actually kinda thrilled he gets to choose a new Supreme Court nominee so soon. He's a former constitutional law professor. This is his thing! NPR's Supreme Court reporter extraordinaire Nina Totenberg breaks the news.
I agree with 1. We're not going to pick anything up here, and could even lose out a little if he goes too centrist. Let's hope they start dropping like flies. Arlen Specter, thank you; Antonin Scalia, may I pour you another six fingers of whisky with that steak?
@1, 3 - Souter is almost 70. As long as Obama replaces him with someone reasonably liberal and significantly younger, it's definitely a win. The conservatives on the court are going to hold on like grim death while Obama is in office. Souter never recovered from Bush v. Gore, thank God he had the sense to wait until Bush was out of office to leave, he's been wanting out of there for 8 years.
Posted by
Anthony Hecht on April 30, 2009 at 8:20 PM
When John Paul Stevens dies/retires (whichever comes first), then I'll be quite saddened. I love his opinions, his sharp mind, and his bowties.
Now, if Scalia were to drop over, that would be a good win. As it's not, hopefully Obama makes a good choice...and someone young, as Anthony pointed out.
For those who follow the Court, this is a pretty sad day. I realize Justice Souter has never really wanted to be there (or, as Anthony points out, hasn't since Bush v. Gore) but he has been a great addition to the Court and has given conservatives nothing but heartache for almost 20 years. He's done his service from that, if nothing else.
But, if you listen to oral arguments from the Court, you'll know what a great mind Justice Souter has, what a great sense of humor he has, and what he's added to the "liberal" bloc on the Court. This isn't going to change the ideological breakdown of the Court, but it will allow us to get someone younger on there and probably another woman (and maybe a Hispanic one at that). Even with that "win," it's still really sad to see such an unusual, yet impressive, man leave. Good retirement, sir.
For those who are too quick to congratulate Obama on his presumably liberal appointment before it is made, remember that Souter was appointed by Bush Sr. -- the most right-wing President we ever had until his son.
Bush Sr. was most right wing? Huh? The guy was a moderate internationalist. He was the Arlen Specter/Olympia Snowe of Presidents. I would point out that Republican presidents are on a continuum getting more conservative over time, making your statement meaningless EXCEPT that Reagan was more conservative than Bush Sr.
Any time you put someone on the court, it's a crap shoot. I am not sold on many of Obama's picks or decisions. I think Souter will be missed. And five bucks says Obama names someone with tax problems.
Liberals are more reliable than conservatives. Not many liberals have "flipped" after being nominated to lifetime judicial roles. It has something to do with having convictions rather than just blind ambition I think.
Five bucks says he names someone with republican(read: into expansive power of the executive branch) leanings(but a backer of roe vs. wade and gay rights) as a gesture of bipartisanship. I hope he proves me wrong.
Plus, did y'all know that Scalia is freakin' 73 yrs. old? He probably dyes his hair. Is he really going to last till he's 81-82 so he that might leave when a conservative is in power?
Posted by
Goethe's Girl on April 30, 2009 at 9:05 PM
By the way, given the ages on the Court, between today and 2016, there will have to be 3 or 4 more appointments, if not more. The Supreme Court will likely be the #1 reason we'll all need to get Obama reelected in 2012. It really, really is a big deal everyone.
In your dreams, @19, but what a lovely dream it is...
I'm putting $20 on Cass Sunstein for the nomination. At 54 years old, he's relatively young for a Supreme Court appointment, but is also regarded as one of the top constitutional, administrative and environmental law scholars in the field. Plus, he's already taken a position in the Obama administration, running the White House Office of Information & Regulatory Affairs. He's a legal minimalist, and has the added advantage of being a liberal who supported some of shrub's judicial nominees,which should ally the fears of conservatives (not that their opinion will matter much, but still),.
10 is right - no "most right" president would have allowed Two Forks Dam to be killed. (Most of you won't remember that, but it was a huge environmental win 20 years ago, one unimaginable under Reagan or Bush the Second.)
Bush the First DID sell his soul (and the GOP's) to the social cons, and that has had its repercussions for sure, but most right-wing president until his son? Reagan was further right.
Posted by
Matt from Denver on April 30, 2009 at 10:14 PM
@23: Nina Totenberg said you can basically bank on the nominee being a woman, and mentioned in particular that RBG makes no bones about being lonely on the bench. She also noted that Sandra Day O'Connor routinely mentions how annoyed she is that W didn't nominate a woman.
@25: Where is this skepticism coming from? Obama is civil rights lawyer and liberal con law scholar. By the end of his term (after retirements by centrist Ginsberg and liberal Stevens) Obama will have moved the Court to the left just by replacing Souter-Ginsberg-Stevens with more leftward picks. No question. They may be incrementalists. They may be market-oriented liberals. But they will be liberals. Clinton's lukewarm centrist appointments will look Republican by comparison.
This will be a dilemma for Obama.
It is coming a little too early in the term for comfort.
It he goes with a hard Liberal it will smash what hopes at bipartisanship may remain.
If he goes for a moderate he may lose a chance to make a longterm change in the Court's ideology.
A year or two down the road after more of the agenda (health care, cap and trade, etc) was passed would have been a better time for a nomination battle, if it comes to it.
Nah, no dilemma, the timing is great, almost got 60 democratic senators, duh. "Smashing hopes of bipartisanship," are you joking? There's nobody rational to be bipartisan with in the GOP, he didn't even get one single GOP vote on his budget.
Being more into the law he will look more for a real scholarly intellectual type. So rather than just the left right continuum, he'll look also to just plain old jurisprudential ability, and a powerful intellect can have more influence than someone who "only" on the left but can't erect those long term structural elements into the law, that move the whole body of the law to justice.
A good pick is Sonia Sotomayor already on the second circuit. Latina from El Bronx! Si se puede! That way he can move her up AND move someone else into her slot. Also there's some Elana Kagan chick who's already vetted by the senate as solicitor general or something.
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