Sunday Morning Report

April 11, 2010

SUPREME COURT APPOINTMENT TO RESHAPE POLITICS

Justice John Paul Stevens

Just as the Congressional Senate had sorted out a pecking order of Democrats and Republicans, Supreme Court Justice John Paul Stevens stirred the pot with his announcement of retirement.

Eleven days before his 90th birthday, Stevens said he would step down when the court finishes its present docket in late June.  He expressed hope that his replacement will be confirmed well before the next term convenes in October.

Stevens was appointed by President Gerald Ford in 1975.

President Barack Obama praised Stevens for the many years Stevens had served on the Supreme Court “as a voice for ordinary people rather than powerful interests.”

A White House official said approximately 10 people are under consideration for Stevens’ replacement.

Leading candidates are said to be Solicitor General Elena Kaban, 49, and federal appellate judges Merrick Garland, 57, in Washington and Diane Wood, 59, in Chicago.  All three were considered last year before the choice of Sonia Sotomayor for the high court.

PREFERRED RESULT

As the Washington Times opines:

“Of those, Wood would be most likely to excite Obama’s liberal base and stir up conservative opposition.

“Senate Republicans said the nominees should not be an activist – which they describe as someone driven by a preferred result, rather than by the Constitution.

“In practice, though, Republicans find that only liberal Democratic-appointed judges wear the activist label.”

Senator Orion Hatch (R-Utah) declared:

“I have hopes that President Obama will at least try to appoint someone who will get a huge bipartisan vote.  If he will – he’s going to go down in history as a better president.

“If he doesn’t, there’s going to be a whale of a fight if he appoints an activist to the court.

“That’s not good for him, it’s not good for the Senate, it is not good for the country.”

MAINSTREAM JUSTICE

If President Obama appoints a “mainstream” Justice, the Court certainly will be more conservative, inasmuch as President George W. Bush appointed two conservative Justices -- John Roberts as Chief, and Samuel Alito.

For example, Justice Alito – attending front-row during President Obama’s “State of Union” speech to both Houses of Congress last January – was caught on camera saying “Not so” to Mr. Obama’s criticism of a recent Supreme Court decision.

Americans are reminded of the power of the U.S. Supreme Court.  Justices cannot be fired.

It is a blessing that some place in our government there are nine jurists with freedom to remind the “emperor” – when necessary – of the ancient fable that he is not wearing any clothes.

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By Lindsey Wilger Williams, retired newspaper publisher and syndicated columnist

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