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Friday, April 09, 2010

Where Obama should look for the next justice

With Justice John Paul Stevens retirement announcement today, President Barak Obama will now have a second chance to nominate a justice to the US Supreme.

Already, leaders on both sides of the political spectrum are drawing lines in the sand. Republicans are threatening to filibuster any nominee they deem to be a judicial activist. Democrats are hoping the president will nominate a true liberal, who will follow in the footsteps of Stevens, who is widely regarded as the leader of the court’s liberal bloc.

Given how politically charged Washington, DC is these days it won’t much matter who the president nominates. There’s going to be a fight. It’s almost inevitable.

However, there is one option that could make for a less bitter battle. Instead of looking for a justice from the ranks of people who are already judges, President Obama could look to the US Senate.

There are many senators who are imminently qualified to serve on the high court and they would bring a special skill set with them. Politicians know how to compromise and how to cobble together enough votes to garner a majority. In a court that is as divided as Washington and the country that could prove to be a very valuable skill. They also would bring a more real-world perspective with them to the court, something judges and academics sometimes sorely lack.

It’s worth noting that we haven’t had a justice with a political background since Sandra Day O’Connor, who was a state senator in Arizona. I know there are people on both sides of the aisle who will debate some of her votes, but I don’t think there are many who would disagree with this: Justice O’Connor was one of the most influential justices of her time if not in American history. I would argue that her experience in the political ring made that possible.

Finally, a US Senator would likely be able to get an easier confirmation, as the Senate generally protects its own. Or at least they used to.

It is unlikely President Obama will go this route. Currently there aren’t any senators’ names on the public short lists. But, he might want to consider it as an option. In this case, a senator could make his life much easier.

Reader Reactions

Posted by ( nancy J ) on April 12, 2010 at 9:39 am

Few are really qaulified if you take a constitutional stand point. The framers origianlly saw the Supreme Court as the third part of the triangle behind the Predident and Congrees. The court was to interpert the laws and Exucative Orders. The court became activist in the latter years and there for anyone with an agenda would be qualifued as the court has taken relavance over the other two powers of our nation.

Case

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About Jay's Take

Jay Warren is an award-winning journalist who's been with WSLS since 1998. Jay co anchors the 5, 5:30, 6 and 11 p.m. newscasts and the FOX 21/27 10 o'clock news. He is also WSLS's senior political correspondent.

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