Search for Justice

The talking heads are a twitter over the soon to be open seat on the Supreme Court of the United States. Of course, special interest identity politics have once again dominated the discussion, with their typical brute force arguments. Women including Boxer and Snowe want to see another woman on the court to join Ruth Bader Ginsburg. Hispanics, who delivered 75% of their votes to Obama in the election feel that it is time for a Latino. Ruben Navarette, in his normal race centered fashion, makes this argument in an editorial in today's San Diego Union. Not so, says Gregory Rodriguez in today's Los Angeles Times, his support among latinos is so high it actually works against such a nomination. Dr. Art Agotston says that we shouldn't rule out a fat person. Conservatives want an originalist who won't legislate from the bench, the president has made clear the nominee should have empathy, a word that sends shudders down the spine of your typical Federalist Society member. I read something yesterday from a guy who said that ageism was apparent in the selection process and a lot of able grey hairs would be unfairly dismissed. Patrick Leahy wants someone from outside of the "judicial monastery." Jeff Sessions wants to make sure - shudder" that the nominee will not consider foreign case law. He says he could support a gay candidate, as long as they were pro life. Unidentified administration sources call for a pragmatist, who is not a "bomb thrower". That's reassuring. And there goes Eric Rudolph's chances.

This whole process is so bogus! Why not an oriental, a gay, a native american, or a handsome single kidneyed jewish antique dealer - why do we have to make this a special interest power/ popularity contest? There are a million great choices out there, why do we have to sink into this untoward pissing match? Obama was a Constitutional Law Professor. I get the feeling that he is a better arbiter of judicial aptitude than 99% of the population. Forget what they look like. Besides, sometimes the pick acts in ways inimical to his tribe's interest. Witness Clarence Thomas and Souter. I am more interested in a progressive considering the fact that 7 of our current 9 judges were picks of Republican administrations. This is a status quo nomination. It's still a 5/4 conservative majority with the quirky Kennedy the real balance of power. The next opening will be the one to keep your eye on.