Wednesday, May 13, 2009

SCOTUS Speculations

Speculation is mounting about who President Obama will pick to replace Souter on the Supreme Court:
WASHINGTON (AP) - A source tells The Associated Press that President Barack Obama is considering California Supreme Court Justice Carlos Moreno and more than five other people as nominees for the Supreme Court.

An official familiar with Obama's decision-making said others include Solicitor General Elena Kagan, Michigan Gov. Jennifer Granholm, Homeland Security Secretary Janet Napolitano and U.S. Appeals Court judges Sonia Sotomayor and Diane Pamela Wood—people who have been mentioned frequently as potential candidates.

Sources familiar with Obama's deliberations confirmed the names to The Associated Press on condition of anonymity because no candidates have been revealed by the White House. The confirmation amounts to the first time any name has been directly tied to Obama.
I'm going to go out on a limb and make two predictions: one, that the nominee's name may not be on that list at all, and two, that unless Obama fears being criticized for adding another Catholic to the Court, he will select a rabidly pro-abortion Catholic for the job.

(I do have a third prediction, but I'm holding it back until the end of this post.)

Now, neither of these predictions are all that risky to make. A lot of names swirled about before the Harriet Miers fiasco, but few people thought Miers would be the nominee; a lot of names are swirling about now, but no one knows if the actual nominee's name is among the guesses, leaks, and lists. And there's no chance that Barack Obama will nominate a pro-life Catholic, a faithful Catholic, a Catholic in good standing with the Church for any position whatsoever, but most of all not for the Supreme Court; if anything, a SCOTUS nomination for a heretical death-eater who calls himself--oh, who are we kidding--herself a Catholic would be a particularly "in-your-face" gesture by Barack to those Catholics protesting his Notre Dame appearance, and a reinforcement that in Barack Obama's mind, there are only two good kinds of Catholics: faithless ones, and dead ones.

But I'm not sure Obama will take that option, tempting though it must be to him to strike yet another blow against the idea that one can be a Catholic in good standing and an Obama-enthusiast. There are already five Catholics on the Supreme Court, and though several if not most of them are not at all Obama's idea of a Catholic, the nation's secularists will probably set up a howl if yet another slave of the Pope is elevated to the highest court in the land. It would probably be better, from Obama's standpoint, to find an atheist, or at least a Unitarian (can anyone actually tell them apart?), preferably someone enjoying a Massachusetts marriage, if you get my drift.

There is, however, that third prediction I mentioned. This Supreme Court opening gives Obama the chance to get rid of a pushy, overbearing woman who just happens to be a lawyer, someone he sees and has to deal with all the time, someone who has already caused his administration some embarrassment, and may keep on causing it for the remaining three years, 252 days of his term in office (his first term, as he likes to say).

What better time than now to push the reset (err, overcharge) button on the Secretary of State? Putting Hillary Clinton on the Supreme Court might be really bad for America--but she'd be out from underfoot at the White House, and that's got to be a huge consideration.

(And you thought I was going to say, "Michelle," right?)


Amy said...

If Obama's worried about someone embarrassing the administration then he should nominate Joe Biden for the court.

Larry Denninger said...

Amy - good one!

The thought of Granholm being considered is not a surprise - her term as governor is nearly up anyway - but she is so radically pro-abortion and pro-ESCR that, barring a miraculous conversion, she would provide a solid pro-Roe vote for decades.

However, she doesn't strike me as a person who interprets law with a particular "compassionate" or "empathetic" bent, which IMHO would indicate that she's most likely not on O's list.

Anonymous said...

The Hillary speculation is interesting and would eliminate a problem for Obama. But she is too old--he wants someone in her 50s to be on the Court for a long time. Even if he picks someone who is nominally Catholic, no one will raise a fuss about a sixth Catholic on the Court--his supporters will understand the candidate is not a serious Catholic.