What would you want in a nominee? Of the ones most likely, which is the best? Who else would you pick?

President Obama faces a politically difficult choice about a new justice as the Supreme Court is at its own crossroads.

Liberal Justice John Paul Stevens, who announced Friday that he will leave the court this summer, has been a shrewd strategist at crafting majorities. In recent years, he has worked with swing-vote Justice Anthony Kennedy to blunt the force of the dominant conservatives. Though Stevens’ exit will not shift the ideological makeup of the court, it leaves a leadership vacuum on the left.

It also offers Obama an important moment to shape his legacy with a lifetime appointment on the highest court.

As Obama, a former constitutional law professor, confronts the decision, two basic paths lie ahead. He could choose a nominee likely to garner easy consensus among senators, such as U.S. Solicitor General Elena Kagan, 49, or Washington-based U.S. Appeals Court Judge Merrick Garland, 57. Alternatively, he could pick a liberal stalwart, such as Chicago-based U.S. Appeals Court Judge Diane Wood, 59.




  1. boulezz21 says:

    Alan Dershowitz!

  2. Olo Baggins of Bywater says:

    One problem he faces is the obstructionism of the Republicans. There are perfectly good candidates who have no tolerance for their inevitable crap. He could pick Sarah Palin and they’d scream and cry incessantly about it being a political ploy.

    And no, right-wingers, there is no equivalence with Alito or Roberts here. There were ideological differences with those guys but none of the fabricated crap that was used against Sotomayor.

  3. moondawg says:

    ME. Thanks for asking.

  4. chuck says:

    Isn’t it odd. Instead of wanting an “objective” judge – someone who considers the evidence, the arguments, then makes a judgment – we get either a left-wing nut-job or a right-wing nut-job.

  5. bac says:

    How about a person that has been nominated for just about everything. Ladies and gentlement vote for Stephen Colbert.

  6. kebernet says:

    Lessig for SCOTUS!

  7. Dallas says:

    Like to suggest Ellen Degeneres.

    If Limbaugh still won’t move because of the health care bill, maybe this will.

    Although, Al Franken called it right about him being a big fat ass liar. (I added the ass part)

  8. Uncle Patso says:

    I think he should let it out (unofficially of course) that he’s considering nominating Michelle and wait for heads to explode! Then leak Bill Ayers’ name and wait for more heads. Then maybe he can actually make a sane nomination and the Senate might go “Oh, that’s not so bad…”

    Yeah, and pigs will fly!

  9. Ah_Yea says:

    It seems every time someone nominates a “conservative” or “liberal” judge, they end up getting exactly the opposite.

    Souter is a prime example.

    The justices follow their own course once elected, and it’s darn near impossible to know what that course is until they are on the bench. I bet most justices don’t even know what course they will follow until seated.

  10. ramuno says:

    #8 The Republicans will complain about anyone ever if it their own pick.

    #9 Yes, Souter was a right winger before he got to the bench but Roberts claimed he was centrist and he is an activist Fascist (Corporatist), so it is a new world since Souter was chosen.

  11. Benjamin says:

    I just hope it is someone who follows the Constitution. I hate judicial activism. If the Constitution says something, then that is how it should be interpreted. They shouldn’t look at it and rule the complete opposite.

  12. Improbus says:

    Our current government bears no resemblance to the Constitution. SCOTUS FAIL. It seems to me that, for the most part, the Supreme Court has been an enabler for bad governance. To many Harvard and Yale law school alums on the Big Bench me thinks.

  13. The0ne says:

    Someone rich, powerful, WHITE/BLACK (not asian/hispanic/Monkey) and has a political side (DEM).

    I think that’bout does it. Me, I’m waiting for a civil war to occur so I can practice my sniping 😀

  14. e? says:

    Obama is a brilliant young constitutional law professor who actually respects the constitution[1]. He should nominate himself.

    [1] http://wsvn.com/news/articles/local/MI43251/

  15. RTaylor says:

    Jerry Brown

  16. Olo Baggins of Bywater says:

    Who’s Obama’s best White House counsel? That’s who he should nominate. lol

  17. gquaglia says:

    #2, because we know there is no such thing as an obstructionist Democrat. Clarence Thomas and the Anita Hill sham anyone.

    On the other hand, Hillary Clinton would be a excellent choice. She is moderate enough that she would have no problems sailing through the confirmation process. But would she give up her dream of becoming president some day to get the job, I doubt it.

  18. George says:

    Alex Kozinski of the 9th Circuit would be a great addition to the court. Of course, Judge Kozinski thinks far too clearly, and makes too much sense to ever be considered.

  19. don quixote says:

    Whoever he wants to nominate and seat, he had better git er done now. With the queer community who seems to have the attention of the democratic party now, feeling anyone who have ever had a dick up their ass deserving the same consideration women who raised the nation’s next generation have, November 12 will spell the end of the democratic control of both houses of congress. You think Bonehead is bad now, wait till he has a majority.

  20. Benjamin says:

    There aren’t too many women on the Supreme Court. I suggest Coulter or Bachmann.

  21. Improbus says:

    Are you trying to be funny Benjamin?

  22. GigG says:

    Tom Clancy wrote a great way to do it in Executive Action after Jack Ryan became President and he had to replace the entire court.

    Hand the president the files on X number of federal judges that had never had a decision overturned by the SCOTUS.

  23. Benjamin says:

    #21 Of course.

    #22 In Tom Kratzman’s book, Caliphate someone killed a Supreme Court Justice that the President disagreed with. He pardoned the killer and let it be known that he would pardon people who did similar with the rest of the Court that he disagreed with. The Presidential pardon should not be used as a tool for assassination. Used that way it could lead to dictatorship. Interesting in fiction though.

  24. Cap'nKangaroo says:

    Anyone else notice that Don Quixote (#19) has a fixation on a male body part?

  25. scadragon says:

    ahem…. HRC anybody?

  26. Improbus says:

    HRC? No. Fracking. Way. I don’t want to have to look at the mug on that old shrew on the news for another 30-40 years. I was hoping she would disappear after her husband was out of office. Wishful thinking on my part I guess.

  27. jccalhoun says:

    With the queer community who seems to have the attention of the democratic party now, feeling anyone who have ever had a dick up their ass deserving the same consideration women who raised the nation’s next generation have,

    Wow, someone has some issues…

  28. tcc3 says:

    @jccalhoun: I think hes got a whole subscription.

  29. Glenn E. says:

    You can bet that the party of “NO” will reject every nominee that Obama offers. That is unless, of course, he nominates Sarah Palin. Now wouldn’t that be embarrassing to said party. She’s “OK” to be a VP, but so “NOT OK” to be a Supreme Court Judge. Why? Because she’s not the least bit qualified for either position. Tell that to the stupid Tea Party.

  30. brm says:

    He’ll nominate someone who cites international law in their decisions.


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