Big Fat Story
Because Justice Souter is a liberal, whomever replaces him won’t overturn the Supreme Court’s conservative majority. Judge Diane Pamela Wood, 58, is comfortable in the minority. She “has spent the last 14 years going toe-to-toe with the legendary conservative lions of Chicago's 7th Circuit Court of Appeals,” according to the Chicago Sun-Times. Conservatives rule the 7th Circuit, which includes Illinois, Wisconsin, and Indiana, but Wood has argued “that atheists should be able to challenge the mostly Christian prayers Indiana legislators use to open their sessions, that a gay Wisconsin teacher should be able to sue for alleged discrimination, that a Jewish condo dweller should be able to sue for discrimination when the building makes her take down her mezuzah, or that Indiana voters should not have to show ID to vote.” She and Obama were senior lecturers together at the University of Chicago, but a few abortion-rights decisions might make her a lightening rod for conservatives: She wrote a dissent against state bans of “partial-birth abortions” in 2007; she ruled that Planned Parenthood could use the “RICO” anti-mob law to sue antiabortion protesters; and she wrote a dissent arguing against an Indiana law that required a woman to seek in-person counseling before seeking an abortion.
Sonia Sotomayor, 54, is thought to be the frontrunner. If nominated, she would be the first Hispanic to serve on the Supreme Court. She was appointed to the federal bench by President George H.W. Bush and elevated to the appeals court in 1998 by President Clinton. She grew up in a housing project in the Bronx, and went on to Princeton, where she graduated summa cum laude. From there she went to Yale Law School, and spent five years as a prosecutor with the Manhattan District Attorney before developing a career as a commercial litigator. But she also sat on the board of the Puerto Rican Legal Defense and Education Fund and on the State of New York Mortgage Agency, where she helped secure mortgages for low-income families. Her Senate committee hearings were “wrinkle-free” in June 1992, and her pro bono legal work won over senators. Conservatives now criticize her role in a decision to throw out a firefighter’s promotions test in New Haven because no African Americans qualified. According to The New York Times in 1992, Sotomayor is “plain-spoken and direct, good-humored but not exactly humorous. She is also seemingly without affectation, a trait that colleagues say helps her move as comfortably among her wealthy European clients as she does in her old Bronx neighborhood, where she recently returned to live.”
Kim McLane Wardlaw, a federal judge in California, is the first Hispanic-American woman appointed to a United States Court of Appeals. Might she soon become the first Hispanic appointed to the Supreme Court as well? Wardlaw sailed through the Senate during her first two appointments under President Clinton, with whom she is close—her husband was his campaign chairman in California, and she served as Hillary’s California scheduler. Often, she “has sided with the dispossessed in some of her most noted rulings,” according to the Daily Journal—arguing, for example, that it is cruel and unusual punishment for police to arrest homeless people without anywhere else to go. She also voted to overturn California’s infamous three-strikes law, which forced harsh mandatory sentences when a person committed a third crime, no matter how petty the offense. A bonus fact that is unlikely to help her chances but is nevertheless of interest: In 2004, the blog Underneath Their Robes voted Wardlaw the No. 2 “female Superhotty of the Federal Judiciary.”
The Next Female Justice
Who's the liberal who will replace Justice David Souter on the Supreme Court? After Justice Ruth Bader Ginsburg pronounced in January that she's been "lonely" ever since Sandra Day O'Connor retired, it has seemed likely that the next Supreme Court judge will be a woman. While Vice President Biden draws up a list of possible nominees, The Daily Beast looks at six well-credentialed women who are likely to be near its top.
President Obama’s solicitor general, Elena Kagan, 49, has not yet argued a case in court, but might she already be due for a promotion? Kagan was one of President Clinton’s domestic policy advisers and he nominated her to the United States Court of Appeals for the District of Columbia Circuit in 1999, though her appointment stalled in the Senate. She then served as dean of Harvard Law School, where she unified divisive factions in the faculty, and boosted student morale. She fell under criticism only for her mild response to two plagiarism cases. In addition to her (albeit short-lived) experience as solicitor general, she would bring executive experience and a knowledge of legal scholarship to the job. During her solicitor general confirmation hearings in March, conservatives accused her of dodging their questions—a possible prelude to another go-round with the Senate. “When the Senate ceases to engage nominees in meaningful discussion of legal issues,” Kagan wrote in a 1995 article, “the confirmation process takes on an air of vacuity and farce.” The trick to a confirmation hearing, she explained, is “alternating platitudinous statement and judicious silence.”
A young, distinguished lawyer who has argued 20 cases before the Court.
Chief Justice John Roberts had a pretty breezy Senate confirmation, despite his conservative politics. Might President Obama want to find a Democratic equivalent? If so, Jeffrey Rosen of The New Republic recommends Beth Brinkmann, a distinguished private-practice lawyer like Roberts. She has argued more than 20 cases in front of the Supreme Court, and has served as assistant to the U.S. attorney general, as well as a partner at the law firm Morrison & Foerster. Just a few weeks ago she was tapped to head up the appellate staff of the Justice Department’s Civil Division. The last justice to be appointed directly from private practice was Lewis Powell in 1971, and a pick of Brinkmann could be controversial among Democrats, who might feel that she’s too moderate and pro-business for the court.
First African-American woman to preside over state supreme court.
Leah Ward Sears is used to making history: Not only was she the first woman and the youngest person ever to become a Georgia State Supreme Court justice, but she was also the nation’s first African-American woman to preside over a state supreme court. A self-described moderate, Sears seems to have mostly avoided controversy in Georgia, and she would go a long way toward Obama’s stated goal of increasing the diversity of the court. One issue to look out for: Sears has written and spoken a lot about the importance of “strengthening marriage,” though her focus has been on promoting marriage through the law and not on whether or not gay marriage should be legal. Sears, at least, will be looking for a job: Still only 53, she announced last year that she would retire from the state Supreme Court at the end of June 2009.
Partner Sites: Expedia| Hotels| Hotwire| Urbanspoon| Vimeo
You're forgetting judge Judy.
Yes, she would fit Obama's call for someone who's dealt with the "real world".
Think Hillary would want a crack at it?
I love this game. When this was discussed back in December my money was on Diane Wood, but now I'm not so sure.
Wardlaw and Sotomayor look like strong candidates. It would certainly make things interesting to have a strong advocate in Sotomayor for applying the effects test to discrimination cases.
What is wrong with Barbra Boxer? I am sure court can use an extreme liberal from CA. NO ...............
I think
I'm going with
Sonia
Because she's
A twofer.
The President's
A pragmatic
Guy.
Rita
Is a "twofer"
Anything
Like
A
2-bagger?
Just askin!
I am very happy that the DB has opted to float women-only options. Nice! I did a quick round up of the old-school feminist sites, such as Salon, Feministing, Feminste, and none of them demanded a female justice. Shocking, really when you stop to think about it. Read on Wapo that The New Agenda has also put a list of women only options out as well. Both DB and TNA lists rock solid, as they say. Also pleased that TNA used the word demand in their press release on a woman for Souters spot. Femisex went one further, demanding female equality on the Supreme Court in no uncertain terms, which really rocked my world. I too want to see a Court that is 50% female! Rock it ladies and don't stop until the Court is 5 to 4 women! yeehaw!
I want to see a 50/50 power share at the top as well.
Also, let's go for female Presidential candidates when Obama's term(s) are up.
It will make a huge difference for everyone (men, women, children) if we can get rid of the bias.
Let's go for QUALIFIED female candidates.
Yes, exactly! Let's get a woman in the White House in 2012! Hillary or Snowe or Collins or Hutchinson or Patty Murray. all excellent options. I think we are going to need someone to tidy up the spending hangover of Obama' s 4 years. Iceland is using women to clean up its mess, let's make the US next on that list!
I think the point Jeff was making is that they should be qualified for the job, not just a woman. That was the mistake the Republicans made with Palin when they tried to scoop up disgruntled Hillary supporters - by swapping a skirt for a skirt. No good! I don't care if they are male/female/what race they are if they can't get the job done and aren't the most well-equipped to deal with the problems at hand.
He should pick Michelle.
Bachmann?
Poor thing!
Is she really so lonely? Of course, she need someone to talk about 'women things'.
So, what is Obama waiting for? Quick, send another woman to make her company!
After all, that's what the court is about, isn't it?
Professor Kathleen Sullivan is a constitutional law scholar which means she focuses on the interpretation and implementation of the U.S. Constitution. A perfect choice if we are looking for someone to protect civil liberties. As the Supreme Court is the place for the consideration of the U.S. Constitution, it's logical to have a constitutional law professor on the bench.
But who is Kathleen Sullivan?
Professor Sullivan is 53 years old and was born August 20, 1555 in Michigan. She went to Cornell, then to Oxford, where she was a Marshal Scholar, and finally earned her J.D. at Harvard Law School in 1981. It was there, the legendary Professor Lawrence Tribe called her the most extraordinary student he ever had. She's a co-author of the casebook "Constitutional Law" as well as several other books including "The New Federalist Papers."
The person named one of the 100 most influential women in business was Dean of The Stanford Law School from 1999 to 2004.
She is perhaps the best intellectually qualified person to replace Justice Souter. Her work, particularly in the New Federalist Papers, reveals a mind able to grasp and explain the interplay between technology, social change, and The Constitution.
Kathleen Sullivan is the perfect choice and the fact that she's lesbian should not be an issue for anyone.
I wouldn't be surprised to see the President go this route.
Katheen Sullivan
If ever I see a woman/persin who NEEDS to be put on the high court, it is"DIANE WOOD". She is a person who above all else would begin the program to counter the effects of Mr. Bigot Justice Scalia & Mr. No nothing Thomas. This right wing court, the court that appointed Bush in 2000 needs to be brought back into reality & PLEAE BARRACK, PLEASE LETS BEGIN WITH DIANE WOOD!!!!!!!!!!!!!!!!!!!!!
Qualified? Please.
There is an abundance of superbly qualified women with the professional experience and distinction to serve ably on the Supreme Court. In addition to those named above (of whom I have particular respect for Judge Wood and Dean Kagan, of whom I know most), a short list would include law professors Kathleen Sullivan (mentioned previously) and Pam Karlan of Stanford and Martha Minow of Harvard (my own favorite for the appointment). There are many others. In addition, there are outstanding female lawyers who have served as both Attorneys General and Governors of their states, including Janet Napolitano. Sadly, some may think that Wisconsin's recently re-elected and superb Chief Justice, Shirley Abrahamson, may be a bit up in years for this appointment.
There are, of course, also some candidates of the male persuasion who would add distinction to the Court in this or a future appointment: Dean Harold Koh, Circuit Judge Merrick Garland, Professor Cass Sunstein, Senator Russ Feingold, Governor Deval Patrick are among those who come quickly to mind.
President Obama has a plethora of outstanding choices before him, and has the training and judgment to make a well informed and wise choice. (Unfortunately, we lack the necessary technology to allow for an Obama clone.) One hopes the Senate can move beyond platitudes and mindless sloganeering to a more satisfying and meaningful process of reviewing the coming nominee(s).
Kim MCLANE WARDLAW is hispanic? hmmm. would not have guessed that. Well regardless, she's kind of a fox
The Pres. must appoint a a qualified white woman to fill Justice Souter's seat and keep appointing women to fill any other seats that open up until the SCOTUS has at least 5 women and 4 men. The appointees should first be 3 qualified white women, then 1 black, then 1 latina (or two latinas). That would correctly relflect the population of the United States. It would finally be fair.
Also, the Pres. should fill the federal judicial openings with qualified women until equal representation is achieved. Pres. Bush left at least 35 seats open to be filled if I recall correctly.
All women (and men who love them) should demand that equal representation must begin with SCOTUS.
Take action. Call the White House, write your Congressional Representatives and demand women be appointed!!
Great to hear the quota system is still perceived fundamental to "fairness". It never ceases to amaze me that the left nearly always starts with some formulaic egalitarianism to solve problems. Given the "proper" ratio of race, gender, age, etc., etc., all solutions to problems are somehow more tenable. This is nonsense.
How about we find the best qualified constitutional practitioners and begin there? How about we demand from any candidate for the SCOTUS a full accounting of their intent to uphold their oath of office, which in part reads "...and that I will faithfully and impartially discharge and perform all the duties incumbent upon me as [TITLE] under the Constitution and laws of the United States. So help me God." How about that?
The COTUS is the foundational source for our laws; it is necessary and sufficient that ANY candidate for the SCOTUS perform to the standard of the oath. Numeric equality, based upon gender (or anything else) is absolutely sophmoric...there is a reason there are nine seats; get it?
Anita Hill
Sotomayor! Her selection would wreak even further havoc on the disfunctional Republican party. Their inevitable objection to her selection would bolster the belief that the GOP is the party of exclusion because they would be openly opposing the Court's first Hispanic nominee.
Has anyone ever watched a FoxNews or any Republican gathering to count the number of minorities? It's pretty entertaining.
I think Beth Brinkmann would be a good choice. It seems she's very intelligent and well .
whoever she is I hope she has BALLS and a backbone
Kathleen Sullivan has my vote-- not only does she have the bona fides, in her particular instance-- her self-proclaimed Lesbianism assures me she has the fortitude to resist her Irish Catholic roots.
With five Roman Catholics already on the SCOTUS bench I fear the over turn of Roe v Wade cannot be far behind.
It seems that Obama is determined to pick a woman, I also like Diane Wood, as well as Beth Brinkmann.
Most people that I talk too, like Diane Wood. They feel Obama shuldn't just pander to Hispanics, and pick Sotomayer, just because she is Hispanic.
EXCUUUUSE ME, I HAVE TO SCREAM OUT FOR DIANE WOOD, I'VE BEEN CONVINCED, THAT SHE IS INDEED THE BEST ONE FOR THE NEW JUSTICE.
Thank you.
As a first time user, your comment has been submitted for review. It can take anywhere from a few hours to a day or two for your comment to be reviewed, depending on the time of week and the volume of comments we receive.
Please log in to leave comments.