When it comes to replacing retiring Supreme Court Justice Daavid H. Souter, Judicial and Constitutional knowledge qualifications may not be the primary concern of Barack Obama. Being "fair" is his primary concern, and in this case, he wants to be fair regarding how many women, and/or minorities sits on the bench. In other words, he wishes to even up the score when it comes to gender, race, or whatever. Will a Hispanic woman be the next Justice because of that? Perhaps another black justice, since the Democrats don't seem to think Clarence Thomas is black enough - after all, the man "doesn't represent the majority of black opinion," as far as the Left is concerned (or at least that is what Scarborough says).
This is not just me talking. The media speculation is all about Obama's opportunity to "double the number of women on the Supreme Court," or to nominate "the first Hispanic justice," or do both in one shot with someone like Sonia Sotomayor, who is Hispanic.
Some of my colleagues have even gone so far as to suggest that the pick may be Hillary Clinton. That way, Obama could ensure no competition during the next presidential election - but Hillary has bigger things in mind for herself, and wouldn't accept, I believe.
Time is running out, however. Justice Souter will retire in June, when the court finishes its work for the Summer, and regardless of who the replacement is, as liberal as Souter is, you know the next justice will be ideologically chosen to lean the court even more to the liberal left way of thinking than Souter tried to do.
This may not be Obama's last chance to nominate Supreme Court Justices, either. After all, Justice Ginsburg is 76, and Justice Stevens is 89 - two more liberal justices that may retire sometime soon.
If there is any comfort in the situation, it is that Daddy Bush's pick of Souter, who moved leftward with each passing year, is not one of the remaining non-liberals on the bench. Currently, the Supreme Court has four justices that remain loyal to the U.S. Constitution, four that are very liberal, and Justice Kennedy who decides who he agrees with based on the direction of the wind.
President Obama, if he is wise, will set aside the idea of trying to make a gender or race influenced decision. Also, Obama ought to disregard ideology. If he really wishes to make a remarkable nomination for Supreme Court Justice, he will base his decision on a candidate with a clear judicial philosophy, intellectual clarity, and a clear understanding of what the original intent of the U.S. Constitution was. Oh, and President Obama should pick a judge that understands that it is not the job of the judiciary to be a platform for activism, nor is it the judiciary's job to legislate.
A true, constitutional appointment will be someone that recognizes that it is the Supreme Court's duty to give opinion in regards to the Constitution, and to do so with the Constitution in mind, not an ideological agenda.
I fear that pick may be the ultra-liberal Sonia Sotomayor.
-- Political Pistachio Conservative News and Commentary
Joe Scarborough: Clarence Thomas Not Black Enough - NewsBusters, Mike Sargent
Obama pledges careful choice to replace Souter - Forbes, Mark Sherman
Souter to retire from Supreme Court - LA Times, David G. Savage
David H. Souter: Justice Unbound - New York Times, Linda Greenhouse
Wider World of Choices to Fill Souter’s Vacancy - New York Times, Charlie Savage
Obama Has Chance to Select Justice With Varied Résumé - New York Times, Adam Liptak
The Stealth Justice - New York Times, Jeffrey Rosen
What Does the Retirement of Justice Souter Mean at the Supreme Court? - American Center for Law and Justice, Jay Sekulow
A Supreme Court Vacancy: What’s at Stake, What’s Required - Heritage Foundation
Souter Out - Who Will Obama Pick? - Gribbit Online
Supreme Court justice's retirement gives Obama his first chance to reshape the Supreme Court - OneNewsNow, Elijah Friedeman
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