One positive feature (OK, this isn’t so positive) of a Supreme Court fight is that the formidable Supreme Court commentator cottage industry gets to ramp up again. Conservative groups raise a mint off a Court fight; most of it goes to enrich movement conservatives and little else. So now we get to see folks like Curt Levey on the teevee for the next 4-5 months. Huzzah!
In his first such media appearance, speaking to TPM, Levey pushed for one of the names on Obama’s short list to replace Justice John Paul Stevens over the others:
Curt Levey, executive director of the Committee for Justice, tells TPMDC: “We’ll certainly be involved one way or another. As the loyal opposition I’m sure we’ll point out what we see as the weaknesses” of any Obama nominee.
But he continued: “It does depend on who he nominates — if he nominates someone like Garland, there won’t be a lot to complain about,” referring to DC federal appeals court Judge Merrick Garland. “You’ll have, if not a love fest, something close to it if it’s a Garland. If it’s a Wood or Karlan, you’d have a huge fight,” says Levey, referring to Chicago appeals court Judge Diane Wood, whose name was floated last time around, and Pamela Karlan, a Stanford Law School professor.
Merrick Garland is seen as the most moderate court pick. You can certainly see something of a bargain in the works, where Garland gets essentially “pre-approved” by conservatives and sails to confirmation. Keep in mind that this is basically how Steven Breyer and Ruth Bader Ginsburg made it through a Republican Senate. The difference is that Obama has 59 seats and doesn’t really need to make such bargains, or at least not with the most conservative elements of the party. He needs only to pick off a couple Republicans.
But we know about the lure of the path of least resistance and getting a “W”, so certainly Levey is tipping his hand here. And I think he’s being at least somewhat sincere. It makes sense for him to push the most moderate of those named on the short list; this is how the Court has shifted rightward for the last 30 years, in small doses. He does tip his hand, however, in a way that suggests that Obama will not get off too easily no matter who he picks. Levey and his wingnut welfare colleagues HAVE to scream about a Court selection, as a fiduciary responsibility to their staffers. In this partisan age, I see no value in a “safe” pick, because it won’t be described as safe, except right here where Levey lets his guard down.
I’d pay attention, if I were the White House, to what Mitch McConnell is saying.
“As we await the president’s nominee to replace Justice Stevens at the end of his term, Americans can expect Senate Republicans to make a sustained and vigorous case for judicial restraint and the fundamental importance of an even-handed reading of the law,” McConnell said in a statement.
I’ll throw a couple other statements from key Senators on the flip.
UPDATE: This NRO post also puts Garland most in the center, followed by Solicitor General Elana Kagan. Read Glenn Greenwald on Kagan.
UPDATE II: Ed Whelan, another right-wing Court watcher: “I think Garland is the best nominee that Republicans could hope for… I think his selection would be a significant step toward resolving the judicial wars.”
Senate Majority Leader Harry Reid:
“Justice Stevens has been a strong presence on the Court for almost 35 years and worked to build consensus and protect the rule of law. I honor his service to America and wish him well in his retirement.
“I am confident that President Obama will use the same wisdom that he showed with his nomination of Justice Sotomayor and name a well-qualified successor. I encourage my Republican colleagues to join us in conducting fair, respectful hearings and swift confirmation of the President’s nominee.”
Senate Judiciary Committee Chairman Patrick Leahy:
When the Supreme Court recesses on Justice Stevens’ final day on the bench, it will mark the end of an extraordinary judicial career spanning four decades, including 35 years on our highest court.
The last Justice from “the Greatest Generation,” John Paul Stevens first answered the call to service when he joined the Navy during World War II. Our nation called on him again years later, and he returned to public service as an appellate judge before accepting President Ford’s nomination to serve on the Supreme Court. He has since become one of the longest serving Justices on the Court. His confirmation was the first of a dozen Supreme Court nominations I have considered in my years in the Senate. As a young, freshman senator, it was a privilege to support his confirmation in 1975.
Justice Stevens’ unique and enduring perspective is irreplaceable; his stalwart adherence to the rule of law is unparalleled. The federal judiciary, and indeed the entire nation, will miss his principled jurisprudence. While it is with a heavy heart, I wish him the best in his retirement.
As we move forward with preparations for the second Supreme Court nomination of this Congress, I am reminded of the Vermont marble inscribed above the entrance of the Supreme Court which pledges “Equal Justice Under Law.” I hope that Senators on both sides of the aisle will make this process a thoughtful and civil discourse. I expect President Obama to continue his practice of consulting with members on both sides of the aisle as he considers this important nomination. The decisions of the Supreme Court are often made by only five individuals, but they impact the daily lives of each and every American. All Senators should strive to fulfill their constitutional duty of advise and consent, and give fair and thorough consideration to Justice Stevens’ successor.





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Mr. Bipartisan will probably nominate Robert Bork or Ken Starr. Maybe he’ll try and get Judd Gregg on the court, too. Anything for the Republicans.
Hell, maybe he should nominate Glenn Beck.
I’ll raise you.
Jon Yoo.
Law professor after all.
Who can Obama payoff or reward with a SCOTUS appointment? Lemme think…
Rahm?
Clinton? (Hillary)
Joe Lieberman?
Chris Dodd?
I don’t consider it to be purity trollery to say that a “moderate” pick might as well be a “conservative” pick. Come on Mr. President, hows about a little “transformative” leadership now? That second term is not completely in the bag…
I’m trying to steel myself against Obama’s inevitable “safe” choice, since Obama likes to avoid conflict at all cost. But you’d hope by now Obama understands he could choose Bork or Starr and the Republicans would still go all out in opposition. Sotomayor wasn’t exactly a radical choice, but she got labeled that way anyway. So if the fight’s coming, might as well have something worth fighting over.
Couldn’t we have another Thurgood Marshall, please?
Will the Republics remember?
As they filibuster away, I am guessing they will not.
Republicans also dig Elena “Indefinite Detention” Kagan.
I expect very little from Obama or the Democrats in this matter … they’ll pick someone who won’t rock the boat.
Mitch McConnell skipped over a few words. He really meant to say
one thing is for sure, they will not be progressive or liberal.
The GOP will scream they are, but they’ll be like Sotomayor (center to center right), or worse.
Obama wouldn’t know from a Thurgood Marshall if it bit him on the ass. He’s a complete berk and corporativist shill.
dunno if anybody’s posted this cartoon yet, but it’s rather spot-on ..
Is harriet Meyers still available? How about Alberto Gonzales? Maybe Albertoe, since he sold his soul to Bushco, would pull a complete 180 like other supposed Conservative Supremes have done. What a great way to get even with the Bushies and the Republicans for ruining him. As a bonus, Albertoe is all up on Unitary Executive theory (which Obama apparently relishes).
Then Obama will have apppointed two Hispanics to the Supremes. The Repthugs will never get another Hispanic vote.
so freakin’ tru
Senate Republicans to make a sustained and vigorous case for judicial restraint and the fundamental importance of an even-handed reading of the law,”
Like John Roberts? (Lets sell our democracy to the highest bidder.)
I know what you mean.
And yes, someone equal to Thurgood Marshall.
And no more Catholics! Six is enough.
The Repubs are simply doing their part in the Freak Show.
Anybody see Coborn talking about Pelosi over the weekend?
He called out one of his supporters (think it was a town hall), corrected them, said that Nancy, was “She’s Nice. A Very Nice Lady”
All the shit we get enthused about is all theatre.
wouldn’t surprise me if staff has a conference call each night, late, choreographing the next day
I’m with you.
Like Scalia? The undisputed king of legislating from the bench? Like that?
Amy Klobuchar is my choice.
Or Claire McCaskill.
I don’t expect Orahma to nominate a liberal but things have been pushed so far right that he’ll wind up nominating somebody Reagan would have been happy and proud to have managed to push through a Democratic Senate.
Or Jennifer Granholm
Amy doesn’t have any time on any bench tho …
that could be a good thing.
Yeah, this idea you gotta be a judge to be SCOTUS material is new, and wrong.
yes, read Greenwald on Kagan, and ponder the implications for the (D) apologists few remaining trump cards – “vote (D), no matter what, because think about the Supreme Court Nominations! Lifetime appointments! Argument over, so there!”
the balance of the court could be shifted far to the right anyway, and you sullied yourself voting for someone you knew was going to perpetuate the slaughter of human beings across the world.
are there any remaining cards to play, besides rank fearmongering against frightful Republican hobgoblins?
I hate to apply a religious test, but who among the potential nominees are not Catholic? Five is three too many.
I think Rahm and Mitch McConnell can quickly agree that George W. Bush, or John Yoo, or Ken Starr, or Robert Bork are all well qualified and can sail through the Senate with bipartisan support.
And I’m sure Chuck Schumer will applaud any of these candidates and ease their path through the Judiciary Committee.
Please save some of your ammo for Elena Kagan. Do, indeed, read Greenwald on her. She is a wolf in sheep’s clothing. She essentially buys the Bush/Cheney “the law does not cover the President” line. That may be okay under Obama (though I don’t think he’s so hot at civil liberties either) but what we have to think of is the future — of someone on the court for years who loves the extra-constitutional President doing whatever he damn well pleases in the name of national security.
“Loyal oppositiion”? ROFLMAO
Actually, if Obama were to nominate any of these, they would immediately become leftists and they would attacked mercilessly.
Obama just signed Shoot On Sight orders against a US Citizen, who has not been convicted of any crime (don’t know if he’s been even charged).
Busy didn’t go there …
Orrin Hatch okayed Clinton’s picks, as you pointed out. Will he do the same thing again for a reasonable liberal?
Stevens was a reasonable conservative at one point. The Coward-in-Chief will do what he does best.
I’m really cool to the idea of Klobuchar. She was a good prosecutor, but her time as a senator has given me serious doubts about her instincts. She is very deferential to law enforcement and authority, so I wouldn’t see her as very supportive of citizens’ rights. Klobuchar votes that have deeply disappointed me include:
- Officially condemning MoveOn over that stupid Petraeus flap (and her father is a journalist, shame on her!)
- Total support of the USA PATRIOT Act (she voted for the worst changes Bush wanted only to flip on the second vote, thankfully)
- Voting to (unconstitutionally!) block ACORN funding
She seems susceptible to coordinated propaganda, I’d prefer someone who has a better sense of critical thinking. she means well, just often misses the mark (in my opinion).
The only acceptable to the base choice is Diane Wood, 59, an appeals court judge since 1995, who has been an unswerving voice on the left, including in support of abortion rights. She was interviewed – one of three finalists – last year.
Kagan and Klobuchar are moderate republicans – like Obama – and therefore have a better chance – but I am getting used to Obama being the Bush 3rd term.
In breaking news, President Obama has announced the nomination of Ken Starr as the new supreme court Justice. A white house spokesman had this to say “It is important to continue President Obama’s outreach for bipartisanship, and we are confident our Republican colleagues, in both Senate and Hose, will interpret the gesture in the most positive spirit for our future mutual cooperation.”
If an aside, said over a microphone the spokesperson did not know was turned on said “Rham wanted to punch some DFHs, and this is an excellent move. That”’ ‘em to try to whip support against our programs. Retards!”
Regardless of the nomineee, Gluehorse McClydesdale (R-NotA-Maverick) will take point, and probably bring Oar-in-Hatch and Buy-A-Vowel Kyl with him for the ride.
If McConnell is to be given any credence (and why should he be?), the Rethugs plan to haul out the “judicial restraint” chestnut yet again.
My irony bone may break.
I hope he doesn’t go safe. He needs progressives to be fired up in November. The Teahadis are already fired to the point of spontaneously combusting. PBO won’t have as many Dems next year. He has nothing to lose and everything to gain by going liberal.
Also if there is a litmus test it should be the Citizens United case and the rights of the individual vs the corporation. If a nominee is strongly against that decision, that’s the biggest hurdle.
Yep, along with Greenwald, everything I’ve read today points to Kagan.
She’s already vetted, and stamp approved by both Dem’s and ReThugs from the Solicitor General slot.
And she’s as conservative as it gets. Lord KNOWS how badly she’ll sell out Roe v Wade, Brown v Board of Ed, or any other landmarkers of the past 50 years or so.
It’s all over ‘cept for the short faux Rethug outrage to protect their base and Nov. election chances.
The best choice is Karlan; just like she was last time. It’s a very easy case to make for a real liberal after the last two radical right appointments.
But Obama needs to be made to do it. If the left isn’t stampeding for him to do it, who is supposed to do it?
I’m afraid it will be Kagan.
I’m not used to it and never will be. If he doesn’t nominate a TRUE, PROGRESSIVE LIBERAL I’m done with him and the Dems.
Obama is in a fork in the road of his presidency and this appointment will be his defining monument. He needs to show his brass, leadership and his plan for the new century the same way Roosevelt did. He should appoint Joe Biden to the court. Hilary Clinton could then become the Vice President and Secretary of State. The first women in history and his second term would be a landslide. There is no rule that Biden would have to remain on the court he could retire from the court in Obama’s second term and take the post of State. Michele Obama would be a great appointment to the court and this could be made in his second term when Joe Biden retires from the court. I say let make history and give us the change that was promised. Obama can be the greatest president of my life time but you can’t do it without the guts to take chances, as there is nothing to fear but fear itself.