Sunday, May 3, 2009

The Next US Supreme Court Justice


It appears that the U.S. Supreme Court will add in a new face some time this year. David Souter, George H. Bush appointee, has decided to retire at the end of the current court term.[1] Although appointed by Bush Sr., Souter often sided with the liberal side of the court so the balance of the court will not change (though Obama's appointee will mostly likely lean the liberal side more often than Souter). Now the search is on for someone to replace him.

So who will Obama pick? Some people have been mentioned but let's review what Obama has said concerning the criteria that he'll use when deciding who he'll nominate.

While on the campaign trail, President Obama said the following concerning his potential nominee:

2008 in Ohio:

"I want people on the bench who have enough empathy, enough feeling, for what ordinary people are going through,"[2].

2008 in New York (debate):

"I will look for those judges who have an outstanding judicial record, who have the intellect, and who hopefully have a sense of what real-world folks are going through,"

2007

"And then there's another vision of the court that says that the courts are the refuge of the powerless," he said. "Because oftentimes they can lose in the democratic back and forth. They may be locked out and prevented from fully participating in the democratic process.... And we need somebody who's got the heart -- the empathy -- to recognize what it's like to be a young teenage mom. The empathy to understand what it's like to be poor or African-American or gay or disabled or old -- and that's the criteria by which I'll be selecting my judges."

A judge that's empathetic and understands what it's like to be poor or black or gay or old?? I think Che Guevara would have been an excellent pick for the President. Wait, actually no he wouldn't have. Che wasn't fond of homosexuals.[3]

I wonder if President Obama wants his nominee to be empathetic toward the unborn child. Perhaps when he said "have a sense of what real-world folks are going through" that he meant gun owners. What about small business owners? Wealthy people? I mean, they are in the minority, especially these days. Or Is empathy only reserved for minorities, like myself but excluding rich folks, who are "oppressed" by the majority? Yes, that must be it then.

Arlen Specter, fresh off his recent converstion over to the Democratic Party, put in his valuable 2 cents by stating that he wanted Obama to look beyond judicial credentials and pick a statesman or stateswoman[4]. How on earth did Specter get elected so many times? Pennsylvanians are suspect, at best, when it comes to their politics (Rick Santorum and John Murtha to boot).

Anyway, here are some real people that Obama might pick (rumored):

Sonia Sotomayor

Elena Kagan

Diane Wood

I sense a theme here. I'm sure I will be wonderfully disappointed with his selection.