Souter to Leave Court May 1, 2009 Jill Big news. Here’s hoping Obama chooses a solid progressive legal thinker — because whoever he chooses, they’re going to be branded “liberal” and “activist.”
I just wish one of the wingnuts on the Court would quit or croak, but that doesn’t seem to be in the cards.
If Obama gets two terms he really could have a chance to shape the future of the Court for a long time running. At the start of this year it was known that the most likely justices to leave in the next 4-8 years were Souter, Stevens, and Ginsburg. If that comes to pass and Obama replaces them all with fairly young replacements then that is an automatic counter to the young conservative bloc (Thomas, Roberts, Alito). And of course by the time Obama has a second term Scalia and Kennedy won’t exactly be spring chickens anymore either so he could have another chance at a replacement.
Honestly, I’m not looking forward to this. Obama, in my opinion, is rather squishy when it comes to abortion and gay rights, so were are likely to see a nominee who is open to consideration of limited abortion restrictions and separate-but-not-quite equal domestic partnership law as a compromise to the more conservative elements of his party.
I just wish one of the wingnuts on the Court would quit or croak, but that doesn’t seem to be in the cards. Scalia’s our only real hope. No chance in hell he retires, but he is 73 and overweight, so he may kick it sometime between now and 2016. Thomas is the third youngest justice at just 60… both Roberts and Alito are in their 50s. Obama may indeed get to name three SCOTUS justices during his tenure – unfortunately, it looks like the 3 seats he’ll be filling will most likely be just replacing the 3 current most liberal-leaning justices (Souter, Ginsburg, and Stevens). He needs to go young with this one. And female. And all of the pundits seem to believe that he’ll be doing just that. Even old Arlen Specter is saying Obama needs to name a woman to the court this time.
Might I suggest Chief Judge Emily C. Hewitt, United States Court of Federal Claims. She’d be the first out queer SCOTUS judge.
Though she isn’t formally out, it widely believed that one of the top candidates is in fact a lesbian – Solicitor General Elena Kagan. A friend of mine’s spouse is faculty at Harvard, and says that her orientation is pretty widely known among the faculty and administration. She doesn’t hide it among her colleagues and isn’t closeted per se, but she has never made an effort to publicly acknowledge her orientation, either.
I am hoping for a strong social progressive, as well. Bitter Scribe and DTG, can we restrict our hopes for a social liberal majority on the court to hoping Scalia and al quit? Hoping for someone’s death is really not on, IMO.
I’m desperately hoping Obama employs a pro-life litmus test in his court pick. Not on abortion you silly rabbits… on the death penalty. I want a justice with a principled opposition to capital punishment. Other than that, I’m not expecting much.