Recent appointments to the U.S. Supreme Court have been exercises of political partisanship, and that’s not likely to change this time. The pending retirement of Supreme Court Justice David Souter sets the stage for another court drama, with commentary, investigation, questioning and debate.
In 2004 and 2006, George W. Bush strengthened the court’s conservative wing with the appointments of John Roberts and Samuel Alito. As a senator, Barack Obama tried to block both nominees and he unhappily noted that Alito’s record showed “extraordinarily consistent support for the powerful against the powerless.”
Now President Obama must present a nominee to the Senate, and no one should expect that his candidate will avoid intense scrutiny. Even without a specific nominee to oppose, Republicans are already preparing for battle, confident that nothing fires up the base like a Supreme Court nomination fight.
Democrats also have a constituency that will be heard. There is widespread insistence that the nominee should be a woman, and/or a member of a minority group. As for policy, it seems unlikely that the party would tolerate a candidate known to oppose abortion rights.
Everyone gives lip service to the importance of appointing an independent, intelligent judge, but Souter’s nomination by George H.W. Bush in 1990 shows the peril of this approach. His vote was one of five that upheld the right to abortion in Planned Parenthood v. Casey, and his position in Bush v. Gore was that the Forida recount should continue. In cases ranging from the rights of detainees to the death penalty, he has voted reliably with the liberal side.
In replacing such a progressive voice, Democrats are unlikely to support a nominee who takes pride in discerning the original intent of the founding fathers. We trust they will support someone who takes a skeptical view of government surveillance and other violations of privacy, and has a strong record of upholding individual rights.
Such guidance will narrow the list of candidates Obama can consider. Although judges and politicians live in different worlds, we hope he is also looking for a candidate who has political skills. Even on the Supreme Court, it is said, a persuasive and canny operator can influence his colleagues.
— Questions? Comments? Contact Publisher Drew McMullin at 282-1535, Ext. 326 or dmcmullin@gwi.net, or Managing Editor Nick Cowenhoven at 282-1535, Ext. 327 or cityeditor@gwi.net.
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