Nominating Justice Stevens Replacement

By: Les Carpenter III
Rational Nation USA


President Obama will soon have his second oppurtunity to nominate an individual to the Supreme Court of the United States. It will no doubt be interesting to watch the process as it unfolds.

Given the President's community activist/organizer background it is not unreasonable to think he may go activist and to the left. Given his natural idealogical leanings this would seem reasonable and even likely.

On the other hand it would also set up a political battle in the Senate, one the President would likely lose as he would not be guaranteed the 60 vote margin required to win procedural motions on the nomination. Republicans have warned they may filibuster and nominee that leans to far left.

From a purely pragmatic view it would seem to make sense for the President to nominate someone with a record more centrist than left leaning. This would insure a quick and smooth confirmation process as well as demonstrate to the general population he is not necessarily the far left socialist he is perceived by a large percentage of Americans to be.

While ranking republicans are promising a "sustained and vigorous" vetting of the chosen nominee, as it should be, Senator Orrin Hatch indicated republicans on the judiciary panel would be willing to work to confirm a nominee that is viewed to be non activist.

The Senator went on to say... "On the other hand, if he picks an activist judge, I don't care if the activist judge is liberal or conservative, we ought to do everything in our power to defeat that person." This seems to make sense from two fronts. Given the charged political climate selecting a centrist non activist judge would allow the Court to go about it's important work without undue interruption. Secondly Supreme Court Justices should go about the business of interpreting law based on their knowledge of the Constitution and not legislating from the bench.

A glimpse as to how it may shape up... depending on the President's inclinations.



Via: Memorandum

Comments

  1. I wouldn't bet on Robert Bork...

    ReplyDelete
  2. Obama's method is not so much to run to the left, right or center. It's to run to the "safe." Expediency trumps ideology with President Obama.

    Not saying that's a bad thing. If he pushed the liberal hardline we wouldn't have had the beginings of health insurance reform. He's got to take things slow. The Country doesn't like fast.

    ReplyDelete
  3. BB - I am sure I wouldn't either. Unortunately his time came... and went.

    ReplyDelete
  4. Truth - Great spin on this one. Spoken like an individual very aware of history and the progressive methodology.

    Sotomayor a bit leftist but made it nonetheless.

    Coming out of the healthcare/insurance reform debacle the Nation had shoved down it's collective throat Obama certainly should play it safe. Even throw a bone to the republicans and conservatives.

    After all there is always tommorrow and I am sure Obama is banking that in time the whole nation will follow him like lemmings into his sea of "self pronouced bliss."

    He is already working on making democracy better for our nation. Of courese we have a republic but what the hell, who's to question "The Enlightened One."

    And life and a sense of liberty goes on... at least for a bit longer perhaps.

    ReplyDelete

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