Friday, May 1, 2009

A vacancy on the court


You may have heard that Associate Justice David Souter of the U.S. Supreme Court announced that he is retiring from the court. The news broke Thursday night -- and a few of you emailed me with links to news stories (few things bring more joy to a media law professor's heart...).

Today, Friday, there's already talk about who President Obama SHOULD nominate to the court, and who WILL he nominate to the court. Then, depending on the pick, there's already discussion about how the nominee will fare in the vetting process by the U.S. Senate, which votes on the nominee.

A couple things to watch for in the coming months. Whomever Obama chooses, there will likely be questions from both sides of the political spectrum about the nominee's views of the Griswold case. Liberals want someone who will not overturn Roe v. Wade, while conservatives hope that the nominee is not too liberal.

Also, whomever is chosen, you're likely to hear liberals say that the nominee is not liberal enough and the conservatives to say the nominee is too liberal. I suspect that Obama will probably pick a person with solid legal credentials who is a moderate with liberal leanings.

In the history of the Supreme Court, the vast majority of justices have been white men. Only two women have served -- Sandra Day O'Connor, who is retired, and Ruth Bader Ginsberg, who continues to serve. Two African-American justices have served -- Thurgood Marshall, who retired from the court in 1991, and Clarence Thomas, who continues to serve. There has never been an Asian or Latino on the highest court of the land.

The lobbying has already begun for a variety of people. Who would you like to see appointed to the court?

A note about Souter's image: I found it on Wikipedia Commons, which allows fair use of the image. Click this link for more details.

16 comments:

Brett said...

Elena Kagan would be my choice. She of course is known as the Harvard Law Dean. She has great credentials and seems like she would be more balanced than some of his other picks.




Brett Cannon T/TH 930

Eric McCoy MW 2:00 said...

I would like to see Judge Ann Claire Williams get the nomination. She would be the first African-American woman on the high court. She also appears to be pretty moderate.


Eric McCoy
M W 2:00

MattDaddy said...

I have yet to any in-depth research on who would be seriously considere, but I do have some early concerns: The executive branch of out government is already controlled by a radical leftist, the legislative branch is firmly controlled by the left (darn near filibuster-proof), and with a couple more nominations, the judicial branch will be controlled by the left as well. Regardless of which side of the aisle you consider to be from, this should be cause for concern. As a self-proclaimed Libertarian, I worry that the system of checks and balances that is the very essence of our republic is dagerously close to being jeopardized. A nanny state, rooted in individual subservience and dependence on a bloated federal government is my worst nightmare. You can't imagine the freedoms we could see lost. Some may call me crazy or paranoid, but one need only look at the current course of the federal budget to find evidence that this has already started. Budget, stimulus bill, Omnibus...all passed without the need for a single republican vote. Having said all that, I hope its not an uber-conservative, bible-banging Jesus freak type. I can only hope for a strict-Constitutionalist "moderate". I know its late in the semester, but feel free to let me have it...I know our wonderful school is very left leaning, so bring it on...

MattDaddy said...

Sorry about the typos!

MattDaddy said...

Having now done some research on possible candidates, I think I would concur that Judge Ann Claire Williams seems a decent choice. I like that she has said, "We don't legislate in the courts." Also, she does not align herself with a political party...so I've read.

Jessi Shores (T/TH 9:30) said...

I think I would like to see Sonia Sotomayor appointed to the court. She is of Puerto Rican descent and grew up in a housing project in the South Bronx. I think it would be great to see more diversity among the Justices of the Supreme Court. I would also really enjoy seeing a strong minority woman on the court. She is said to be "moderate" and I believe that gives her a better chance of being supported by both parties. Although I identify more as a conservative, I don't think a conservative has a chance of being appointed. Therefore, I will push more for those that identify as "moderate." She seems to have a strong background and I definitely think she is a possibility.

Tandy Gutierrez said...

I'd like to see a judge who can break the mold for the supreme court like Obama broke it for the presidency. Sandra Day O'Connor started breaking the mold with her history project website, and it sheds a little light on the hardest job in the land, but I still feel like the court is very uptight and unwilling to budge. I understand that their decisions are crucial and that they count nothing as trivial. I want a new supreme court justice who is moderate, who sees things both conservatively and liberally. Maybe that's a dream. Personally, I really don't like Clarence Thomas. I can't believe he passed the senate's vetting process. I guess as long as its not another Clarence Thomas.

Sophie said...

I am not familiar with possible candidates but i do think that someone with a diverse background like the presidents it extremely important. I think it would be nice to have a female who is latino or Asian because she would represent a huge American community. I have a very diverse background like Obama; i was born in England and I lived in Nigeria for seven years and i also lived in the Middle East, Scotland, England and now America, so i know the importance of diversity and the outlooks on life that it gives people. I think it is an extremely important trait for someone to have as a Supreme Court Justice especially in our modern times and for the ways America has grown and is headed politically.

Anonymous said...

Marisol Vazquez
T/TH 9:30

I would like to see another woman in the court. Out of the choices for Supreme justice I'm leaning more towards Hispanic-American Sonia Sotomayor or Elena Kagan.

Stephanie Pridgen said...

I don't pretend to know about the different people up for discussion, and after doing a little research, I am no closer to an opinion.

I will say, though, that I believe there should be non-partisan minority on the bench. I believe there should be diversity in the judicial branch and I am tired of seeing the white-male stereotype take over seat after seat.

cm1509 said...

Chris Marple

I like Elena Kagan or Sonia Sotomayor. Both are bright women and extremely capable. Also, I believe there views will be in line with many Democrats but will not be "too liberal." Elena Kagan, who is currently the Solicitor General, has lots of experience in how things are done in Washington while Sotomayor is currently a U.S. Appeals Court Judge. Whomever is chosen for the open position will be a good choice. Remember, Obama was the president of the Harvard Law Review and a constitutional law professor, I'm sure he will make an educated decision and weigh his options wisely.

Unknown said...

I think the U.S. Appeals Court Judge Sonia Sotomayor would be a good pick. While I don't know a lot about each potential candidates, I like her the best. First she grew up poor living in the Bronx. Obviously she's cultured and isn't in a bubble like a lot of the wealthy people in the government who were always wealthy and don't understand the average American. She also went to Princeton/Yale, so she knows her stuff. Plus, she's Hispanic. I think Obama is going to make history by choosing the first Hispanic woman who the court. I am certain, though, he will choose a woman if he doesn't pick Sotomayor

Anonymous said...

April Adams-Johnson
T,TH 1230

I would have to agree with Stephanie. I too, feel that Judge Sonia Sotomayor would be a great potential pick, perhaps the one most qualified. She has seen the world from one end of the spectrum to other; that being growing up poor, to serving as a United States appeals court judge. She would be the first hispanic and third female to serve as a judge in the highest court. I think that whomever Obama picks, it's going to be a good one. He and "his team" are very promising and I trust that they will make the best decision for the people of the United States.

Who Am I? said...

I saw this on AP news the other day. I find it intersting that we have been following Justice Souter's cases and opinions all semester and now he is resigning. It is neat to see what we learn is relevent in everyday news.

Anonymous said...

Lisa Freeman, T-TH 9:30
I believe that President Obama will replace Justice Souter, with a woman. I also believe that is justice Ginsberg cancer gets worse than she will step down and Obama will have at least 2 appointments during his presidency.

Anonymous said...

I think Judge Ann Clair Wiliams would do a great job in the high courts. It can never be a bad thing to have a diverse court. I also agree with Eric in that she seems to be fairly moderate, not too liberal and not too conservative. I would also like to see history be made again by having the first African-American woman appointed into the high courts.