Raw Story: U.S. Supreme Court to test Obama's talents

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Raw Story: U.S. Supreme Court to test Obama's talents

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Raw Story
President-elect Barack Obama may have the rare chance to appoint two judges to the Supreme Court, giving the former law professor an opportunity to make a further lasting mark on American society.

Already observers are weighing in on what Obama could do in the key decision on replacements for the highest court in the land.

"It is quite likely he would choose a woman or a minority," said Nathaniel Persily, a law professor at Columbia University in New York.

"If he could find a Hispanic woman, that would be ideal, the best choice," he added.

Only two women have served on the Supreme Court, and two African-Americans have succeeded one another in the same seat, but never has an judge with a Latino background been appointed.

Hispanics are an ever-growing demographic in the United States, making up 15 percent of the population.

But beyond the race or sex of the candidate, observers are gearing up for appointments of politically progressive judges to the bench to replace the older liberals sitting on it today.

John Paul Stevens, appointed by president Gerald Ford, is 88 years old, and is expected to resign soon.

The nine justices are appointed for life.

Widely considered to be on the liberal side of the court, Stevens' replacement with another liberal would maintain the bench's fragile balance.

Currently four conservatives, four liberals, with the moderate Anthony Kennedy holding the middle ground, compose a balance Obama is expected to sustain.

Ruth Bader Ginsburg, 75, appointed by president Bill Clinton, is another liberal lifer also expected to resign within Obama's first term in office.

During Obama's campaign the Democrat hinted at what he expected of his appointees, and certainly could surprise conservative commentators expecting him to name someone more radical to the post.

"His pick might be radical, not in the ideology but in the background," noted Persily....


But in the hubbub surrounding Obama's projected appointments, his friend Cass Sunstein, a preeminent American legal scholar at Harvard University, Massachusetts -- where Obama himself studied -- noted a fact often overlooked.

"The first thing to know about Obama, which hasn't gotten sufficient attention, is that he is himself appointable to the Supreme Court," Sunstein said.

"He is a constitutional specialist who has taught for many years. There's a guarantee that we'd get someone of the first intellectual rank."

"Not Harriet Miers," he added, referring to the ultra-conservative lawyer nominated by President George W. Bush, and who was withdrawn when criticized across the political spectrum for never having served as a judge and being ill-prepared and uninformed.
Posted without much comment, except to say that I'm delighted to be reminded that our President-elect is at long last actually worthy of his station, and that he'll know what qualities to look for in a judge beyond partisan demographic manipulation and ideological slant.

Any thought out there as to potential Supreme Court nominees?
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Re: Raw Story: U.S. Supreme Court to test Obama's talents

Post by The Romulan Republic »

The first part of that article bothered me. Its like he's expected by some people to pick nominees based on what demographics they belong to, not who has the best grasp of and respect for the law.

But yes, nice to know that the man appointing the Justices will actually understand the law.
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Re: Raw Story: U.S. Supreme Court to test Obama's talents

Post by Shroom Man 777 »

Is it actually possible for him to appoint himself as a judge of the Supreme Court? :lol:
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Re: Raw Story: U.S. Supreme Court to test Obama's talents

Post by The Romulan Republic »

Shroom Man 777 wrote:Is it actually possible for him to appoint himself as a judge of the Supreme Court? :lol:
I suspect that if it was, a President would already have tried it.

But I really, really doubt it. One of the main "themes" of the US Constitution is the balance of powers between the different branches of government.
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"The greatest enemy of a good plan is the dream of a perfect plan."-General Von Clauswitz, describing my opinion of Bernie or Busters and third partiers in a nutshell.

I SUPPORT A NATIONAL GENERAL STRIKE TO REMOVE TRUMP FROM OFFICE.
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Re: Raw Story: U.S. Supreme Court to test Obama's talents

Post by ArcturusMengsk »

Shroom Man 777 wrote:Is it actually possible for him to appoint himself as a judge of the Supreme Court? :lol:
No, but there is precedent in American history for an ex-President (William Howard Taft) to become a Supreme Court justice. Assuming that Obama has a successful run during his tenure and is followed by a Democratic successor, I would think he'd be a fine pick for the Court.
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Re: Raw Story: U.S. Supreme Court to test Obama's talents

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Maybe he could appoint Bush, you know, to be bi-partisan.



Okay, but seriously, I really hate the tone of "gotta find as many Latino women as possible AND THEN choose someone qualified out of that group." I mean Sarah Palin is a perfect example of what happens when you choose to please your demographic without thinking the choice through.

As an aside, hypothetically, what about Al Gore as a Judge?
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Re: Raw Story: U.S. Supreme Court to test Obama's talents

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Pulp Hero wrote:
As an aside, hypothetically, what about Al Gore as a Judge?
You stop talking about the Energy Secretary.
More to the point however, Al Gore is not even a lawyer, not an expect on law a all. All he has is one he picked up as the VP or in Congress, before that he was a Journalist.
So no Al Gore would be a terrible pick.
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Re: Raw Story: U.S. Supreme Court to test Obama's talents

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aren't Bill and Hillary both lawyers?
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Re: Raw Story: U.S. Supreme Court to test Obama's talents

Post by Metatwaddle »

Pulp Hero wrote:Okay, but seriously, I really hate the tone of "gotta find as many Latino women as possible AND THEN choose someone qualified out of that group." I mean Sarah Palin is a perfect example of what happens when you choose to please your demographic without thinking the choice through.
:roll: No, it's not an example of that at all. Sarah Palin was not a result of McCain saying "I need to pick a woman" and then picking the most qualified from among them. There were plenty of women far more qualified to be VP than Palin was. Kay Bailey Hutchison is the first who comes to mind; there are moderates like Snowe and Collins who would have done okay too. They would have pissed off the base, but independents are more important than the base in a general election anyway. Fuck, even Liddy Dole would have been better than Palin.

Why are you so completely convinced that there are no Latina lawyers or judges who are qualified for SCOTUS?
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Re: Raw Story: U.S. Supreme Court to test Obama's talents

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I wonder, and I'm sure those of you more knowledgeable than me can answer this, if it would be prudent for the aging conservatives on the court to quickly step down in an attempt to get a replacement in while Bush is still in office. It's not like the possibility of a Democratic takeover wasn't obvious to anyone paying attention for the last two years.
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Re: Raw Story: U.S. Supreme Court to test Obama's talents

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Wicked Pilot wrote:I wonder, and I'm sure those of you more knowledgeable than me can answer this, if it would be prudent for the aging conservatives on the court to quickly step down in an attempt to get a replacement in while Bush is still in office. It's not like the possibility of a Democratic takeover wasn't obvious to anyone paying attention for the last two years.
Wouldn't the Democratic Congress just stall any new appointments 'till Obama came in? Thus allowing him to effectively reappoint the entire court? Seems like a risk the Republicans won't want to take.
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"The greatest enemy of a good plan is the dream of a perfect plan."-General Von Clauswitz, describing my opinion of Bernie or Busters and third partiers in a nutshell.

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Re: Raw Story: U.S. Supreme Court to test Obama's talents

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The Romulan Republic wrote:Wouldn't the Democratic Congress just stall any new appointments 'till Obama came in? Thus allowing him to effectively reappoint the entire court? Seems like a risk the Republicans won't want to take.
As I said, it should have been obvious since 2006 that the Republicans would lose control. Sure it's a risk as you said, but that's the game of politics for you. If they had been proactive months ago they'd have a chance of getting some pro-life anti-gay nut on the court, now they have none. In the end all fine by me, gay rights and a more robust seperation of church and state can't come soon enough.
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Re: Raw Story: U.S. Supreme Court to test Obama's talents

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Metatwaddle wrote: :roll: No, it's not an example of that at all. Sarah Palin was not a result of McCain saying "I need to pick a woman" and then picking the most qualified from among them. There were plenty of women far more qualified to be VP than Palin was. Kay Bailey Hutchison is the first who comes to mind; there are moderates like Snowe and Collins who would have done okay too. They would have pissed off the base, but independents are more important than the base in a general election anyway. Fuck, even Liddy Dole would have been better than Palin.
Was she a choice that was hastily picked to please the McCain demographic (white, women, Chrisitan)? If so, then that is exactly what I was talking about, and exactly why picking someone with making merit the primary factor is a bad idea. Kthx.
Why are you so completely convinced that there are no Latina lawyers or judges who are qualified for SCOTUS?
Wait...what? That's not what I said. I said that the writer of the article seems convinced that the Judges should be picked by demographic (in this case Hispanic woman), rather than, you know, merit. I don't think and person's race should really have anything to do with the choice.
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Re: Raw Story: U.S. Supreme Court to test Obama's talents

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As I said, it should have been obvious since 2006 that the Republicans would lose control.
Not to them. And if not for the sudden down turn economically, it, might have been very close either way.
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"The greatest enemy of a good plan is the dream of a perfect plan."-General Von Clauswitz, describing my opinion of Bernie or Busters and third partiers in a nutshell.

I SUPPORT A NATIONAL GENERAL STRIKE TO REMOVE TRUMP FROM OFFICE.
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Re: Raw Story: U.S. Supreme Court to test Obama's talents

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Pulp Hero wrote:
Was she a choice that was hastily picked to please the McCain demographic (white, women, Chrisitan)? If so, then that is exactly what I was talking about, and exactly why picking someone without making merit the primary factor is a bad idea. Kthx.
Fixed.
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Re: Raw Story: U.S. Supreme Court to test Obama's talents

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What about that Ayers guy? That would piss off the Right more than a woman, arab or a gay arab woman at this point.
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Re: Raw Story: U.S. Supreme Court to test Obama's talents

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Zuul wrote:What about that Ayers guy? That would piss off the Right more than a woman, arab or a gay arab woman at this point.
Does he have any qualifications whatsoever besides pissing off the right, costing Obama reelection, and making an assassination more likely? He's just some washed off terrorist who now works in Chicago's education system, so far as I've ever heard.
"I know its easy to be defeatist here because nothing has seemingly reigned Trump in so far. But I will say this: every asshole succeeds until finally, they don't. Again, 18 months before he resigned, Nixon had a sky-high approval rating of 67%. Harvey Weinstein was winning Oscars until one day, he definitely wasn't."-John Oliver

"The greatest enemy of a good plan is the dream of a perfect plan."-General Von Clauswitz, describing my opinion of Bernie or Busters and third partiers in a nutshell.

I SUPPORT A NATIONAL GENERAL STRIKE TO REMOVE TRUMP FROM OFFICE.
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Re: Raw Story: U.S. Supreme Court to test Obama's talents

Post by CmdrWilkens »

Shroom Man 777 wrote:Is it actually possible for him to appoint himself as a judge of the Supreme Court? :lol:
Its already been pointed out the answer is no but the precise legal reason why is worth noting:

Article II Section 1:
The President shall, at stated times, receive for his services, a compensation, which shall neither be increased nor diminished during the period for which he shall have been elected, and he shall not receive within that period any other emolument from the United States, or any of them.

Article III Section 1:
The judges, both of the supreme and inferior courts, shall hold their offices during good behaviour, and shall, at stated times, receive for their services, a compensation, which shall not be diminished during their continuance in office.

So the actual reason why the Presidnet can't be a Supreme Court judge is that he isn't allowed to be paid for both jobs and both jobs require compensation, in other words you can't refuse compensation ("shall receive" instead of "may receive"). Its a lot more direct for Senators and Representatives in that:

Article 1 Section 6:
No Senator or Representative shall, during the time for which he was elected, be appointed to any civil office under the authority of the United States, which shall have been created, or the emoluments whereof shall have been increased during such time: and no person holding any office under the United States, shall be a member of either House during his continuance in office.
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Re: Raw Story: U.S. Supreme Court to test Obama's talents

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He could, if he wanted, always resign with the understand that Biden would appoint him to the Court...but of course, that would never happen. What he'll do is serve out two terms, and then let President Emmanuel appoint him to the court when a vacancy opens sometime after November 2016. :lol:
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Re: Raw Story: U.S. Supreme Court to test Obama's talents

Post by CmdrWilkens »

RedImperator wrote:He could, if he wanted, always resign with the understand that Biden would appoint him to the Court...but of course, that would never happen. What he'll do is serve out two terms, and then let President Emmanuel appoint him to the court when a vacancy opens sometime after November 2016. :lol:
I betting on President Schweitzer or Gregoire over Rahm
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