Day: February 15, 2016

Barack Obama’s Supreme Court Choices

Barack Obama has every right, and the responsibility, to select a replacement for the late Supreme Court Associate Justice Antonin Scalia.

We have never had more than 125 days from an appointment to confirmation, and never more than 114 days from an appointment to rejection by the US Senate.

The Supreme Court cannot do its proper job with eight members for more than a year, so Obama must push for his nominee, and if the GOP refuses, they will suffer in the Fall campaign in Congress and for the Presidency.

The Republicans have prevented action in the legislative branch, and tried to bottle up the executive branch, but cannot get away with blocking the judicial branch.

As far as who Barack Obama should select for the Court appointment, there are many names mentioned, but it would be good to have a Supreme Court Justice who has NOT been a federal judge, as this trend did not always exist in the past.

We need a wider variety of experiences, and one can think of Earl Warren, Governor of California, and Hugo Black, Senator from Alabama, as two exceptional Justices who never served as judges. We have had 14 Senators and 17 Congressman on the Court, with Warren an outlier, but Governor of a major state that was on its way to being number one in population.

So one can think of former Massachusetts Governor Deval Patrick;  Senator Cory Booker of New Jersey; Senator Amy Klobuchar of Minnesota; and Attorney General Loretta Lynch as excellent possibilities, with hints that Lynch might be the choice!  Some mention of Senator Elizabeth Warren of Massachusetts has arisen, as well.

We would have our first African American woman on the Court with an appointment of Lynch, and she is used to long waits for confirmation, as with six months to become Attorney General.

IF Obama took action this week, during the recess of Congress for Presidents Day, the nominee would take his or her seat immediately, and the GOP could do nothing about it, so why not take action when one can?

But at worst, if the Court had to live with eight members, Lynch could stand by, stay as Attorney General to the end of the term, and then be chosen by Democrat Hillary Clinton or Bernie Sanders, assuming one of them become the 45th President of the United States.

But really, the Court NEEDS a new Justice NOW, and tough luck that the Republicans lose their control of the Court majority after 44 years!  Such is life, and it is time for the liberal-progressive agenda to be the majority of the Supreme Court’s future, as elections, as that of Barack Obama in 2012, DO have consequences!