Louisville Courier Journal: "A Critical Choice."
A critical choice
President Obama's selection of a new justice for the Supreme Court is one of the most significant choices he will make during his time in office. What is more, the person he nominates is likely to serve much longer than the President will, possibly impacting the nation's laws for decades.
With that in mind, our concern has less to do with the ideology of the nominee than some basic qualities that the President would do well to keep in mind. Selecting a justice based on his or her views on specific issues can be tricky. The history books are full of examples of presidents whose nominees disappointed them for one reason or another.
David Souter, whose retirement has created this vacancy, was such a nominee. His sponsor, President George H.W. Bush, wanted someone who would please Republican conservatives, but he also wanted to avoid a bruising confirmation battle like the one that Robert Bork had gone through in 1987. Justice Souter had very little written record. He turned out to be a moderate to liberal justice, hardly what Mr. Bush intended.
At this moment in history, there are several qualities that the next justice needs. She needs to be a woman. There are eight men on the high court; one of them is African American. The only woman, Ruth Bader Ginsburg, is in her 70s and has had cancer. Both she and her retired colleague, Sandra Day O'Connor, made a difference in the outcome of key cases where gender was an issue. The fact is that women lawyers look at many issues in a way that reflects their own experiences, something men simply cannot do.
That, of course, is the essence of diversity. It brings various perspectives to the table, and it provides a better chance that justice will be rendered for all.
We also hope that Mr. Obama will seriously consider minority candidates — especially Hispanics and African Americans. Justice Clarence Thomas, the only black on the current Court, has been consistently hostile to issues that are important to the vast majority of African Americans in the nation. Now is an opportunity to rectify that.
Conservatives in the Senate are already threatening to create a fuss and to raise objections to Mr. Obama's choice. We hope they won't, but he should not be deterred from selecting the best progressive candidate he can find — and brace for a battle.
President Obama's selection of a new justice for the Supreme Court is one of the most significant choices he will make during his time in office. What is more, the person he nominates is likely to serve much longer than the President will, possibly impacting the nation's laws for decades.
With that in mind, our concern has less to do with the ideology of the nominee than some basic qualities that the President would do well to keep in mind. Selecting a justice based on his or her views on specific issues can be tricky. The history books are full of examples of presidents whose nominees disappointed them for one reason or another.
David Souter, whose retirement has created this vacancy, was such a nominee. His sponsor, President George H.W. Bush, wanted someone who would please Republican conservatives, but he also wanted to avoid a bruising confirmation battle like the one that Robert Bork had gone through in 1987. Justice Souter had very little written record. He turned out to be a moderate to liberal justice, hardly what Mr. Bush intended.
At this moment in history, there are several qualities that the next justice needs. She needs to be a woman. There are eight men on the high court; one of them is African American. The only woman, Ruth Bader Ginsburg, is in her 70s and has had cancer. Both she and her retired colleague, Sandra Day O'Connor, made a difference in the outcome of key cases where gender was an issue. The fact is that women lawyers look at many issues in a way that reflects their own experiences, something men simply cannot do.
That, of course, is the essence of diversity. It brings various perspectives to the table, and it provides a better chance that justice will be rendered for all.
We also hope that Mr. Obama will seriously consider minority candidates — especially Hispanics and African Americans. Justice Clarence Thomas, the only black on the current Court, has been consistently hostile to issues that are important to the vast majority of African Americans in the nation. Now is an opportunity to rectify that.
Conservatives in the Senate are already threatening to create a fuss and to raise objections to Mr. Obama's choice. We hope they won't, but he should not be deterred from selecting the best progressive candidate he can find — and brace for a battle.
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