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Politics : The Supreme Court, All Right or All Wrong?
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From: TimF5/21/2009 7:26:35 PM
1 Recommendation   of 3029
 
"...Obama also suggested then that "unelected judiciaries making laws in what is supposed to be a democracy" undermined the legitimacy of their decisions. Former colleagues at the University of Chicago Law School, where he taught, have described the president as skeptical of the courts' ability to improve on the political process in resolving big public policy issues.

All of this suggests that Obama's nominee may disappoint believers in crusading judicial activism. It also suggests that the president may have a very hard time finding his ideal justice.

Even if he can make a list of candidates who are liberal -- but not activist -- on social issues and not so liberal on curbing presidential war powers, he would feel pressure to cross off any who happen to be white males, in order to diversify the Court's demographic profile. He also wants to diversify the professional profile of a Court now consisting of nine federal Appeals Court alumni, eight of whom studied law at Harvard or Yale.

What Obama needs, in short, is an intellectually stellar, not-too-old, Hispanic woman lawyer with empathy for the powerless; views on social issues that are predictably liberal but not so activist as to inflame the Right; views on presidential war powers that are predictably deferential but not so much so as to inflame the Left; broad real-world experience; and, of course, rapport with Obama.

No such human being exists, I suspect..."

nationaljournal.com
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