I haven't posted on what I think President Obama should do with his next pick for the Supreme Court. I really thought it was obvious that putting another right-winger on the court would be disastrous for America. But a regular reader has asked me to comment on this, and I'm always happy to try and please one of my readers.
The current court already leans too far to the right. Conservatives like to say they don't want any "activist" judges on the court, but that's just not true. The right-wingers on the court have turned out to be the biggest activists of any of the justices, in that they're very willing to rewrite the Constitution to fit their own political views.
All you have to do is look at their campaign money decision to know that. They gave corporations, with their almost unlimited ability to fund their political favorites, the same rights that human beings have. That decision was a farce, and I believe the writers of the Constitution would be aghast to learn that their words would be interpreted that way someday. There is no way they meant for a purely legal and financial creation to have the same rights as a citizen.
That makes it very important for the president to nominate a liberal to the court -- the more liberal, the better. Doing this will do nothing more than maintain the status quo. I will go further. It should be a liberal that will protect the equal rights of ALL Americans -- including minorities, homosexuals and women. Especially important is getting a new justice that will protect the right of a woman to control decisions regarding her own body.
I would personally like to see another woman on the court, and my top choice for that position would be Hillary Clinton. I know she is doing a great job as Secretary of State and many would like for her to remain in that position (and she may well want to remain in that job). But I still think she would make a great Supreme Court justice, and personally, I think she could do more good for the country for a much longer time on the court.
Having said that, I could accept any good honest liberal regardless of race or sex (or even sexual preference). I think it would be a serious mistake for the president to try to pick a moderate for the court in the mistaken belief that it would be easier for him/her to be confirmed. The Republicans are going to fight his nominee tooth-and-nail no matter who it is, so he might as well go for the gold and pick a real liberal -- then fight hard for confirmation.
The really important choice will come after this one (and I hope that choice is to replace one of the right-wingers on the court).
"The really important choice will come after this one (and I hope that choice is to replace one of the right-wingers on the court)."
ReplyDeleteYou're absolutely right, Ted. Although Justice Stevens was nominated by a Republican president, he's ruled from the Left. Any nomination by Obama would maintain, not change, the balance of the Supreme Court.
If the Republicans were smart, they'd choose their battles (not this one) and keep their powder dry for the appointment that will really matter.
Unless Obama nominates someone totally out of his or her league, a la Harriet Meiers (not very likely) or an absolute nut case (slightly more likely, but still a long shot), they should vigorously question the nominee about the 10th Amendment (to see if he or she would be consistent regarding ObamaCare and the Arizona immigration law - i.e. against both), and unless something outrageous comes out, vote for appointment and score some points on being conciliatory just before the election.
Regarding Hillary Clinton, I think Obama would be wise to nominate her. If appointed, it would virtually take her out the running for a challenge for the Democratic presidential nomination in 2012, should things go further wrong in Obama's first term.
Whether she'd accept an appointment to the Supreme Court is another matter, though. On the one hand, it's a lifetime gig - not dependent on you or your party winning an election. You gotta love that kind of job security. On the other hand, it's still not the highest office in the land, something she's had her eyes on for a long time.