Many civil libertarians and liberals were critical of President Barack Obama’s selection of Sonia Sotomayor to replace David Souter. Sotomayor voted with conservatives on the Second Circuit in key police abuse and free speech cases. (here and here and here and here. At the time, many of us opined that Obama would not dare appoint such a nominee to replace liberal icon John Paul Stevens. If the three candidates leaked by the White House on the short list is any indication, there is a two out of three chance that he will do precisely that.
The short list includes Judge Diane Wood, 59 of the Seventh Circuit, Solicitor General Elena Kagan, 49, and Judge Merrick Garland, 57, of the D.C. Circuit.
At an initial matter, it is important to note that these are three highly qualified people with long and prestigious records. Moreover, I previously stated my support for Diane Wood who would be a terrific choice for the Court. The only other person who I would like to see on the Court as much as Wood is Harold Koh, former Yale Dean. For civil libertarian, Koh would be the single most significant confirmation to the Court since Louis Brandeis.
Garland is a respected jurist and a moderate. However, civil libertarians and liberals would likely oppose him. He routinely votes with the government, particularly in police cases.
Diane Kagan would also be a lightening rod. She has taken positions opposed core civil liberties, here. Kagan has supported Bush positions on “the war on terror” and is viewed by civil libertarians as part of Obama’s embracing of Bush era doctrines.
Glenn Greenwald has a column on an equally troubling prospect of nominating Cass Sunstein to the Court, here.
Given the 5-4 split on the Court, the selection of Garland, Kagan, or Sunstein could have a cascading impact on case law in the area by moving the Court to the middle and right.
Replacing Stevens with someone opposed to core civil liberties values would be the ultimate betrayal of liberals who helped elect Obama. It would also be a deep insult to the legacy of Stevens. While it is comforting not to see Sunstein on the list, it is a great disappointment not to see Koh who is currently part of the Administration. Liberals wil have to be heard clearly and strongly if they want to see Wood or Koh on the Court. The odds are currently two of three against them.
For the full story, click here.
A Usurper President cannot legally appoint a Supreme Stooge.
“This video presents an overview and summary of the new information indicating that Barack Obama made fraudulent claims concerning his educational and work history.”
A Usurper President cannot legally appoint a Supreme Stooge.
Who Is Barack Obama? Who is Barry Soetoro? Why is there no Birth Certificate? Birthers are right!
BVM,
Location is paramount in retail activities, Mall.
You’re still in the wrong location.
But that is to be expected since you are wrong about everything you’ve ever put on sale.
Your recent surge of blather? What is that? A clearance sale? Overstocked on ridiculous ideas because no one will buy them? Everything must go?
Rhetorical.
There’s a big difference between “Under Development” and “Under Developed”.
Move it to the Orly thread, you hijacking troll.
Mike Spindell
1, April 7, 2010 at 5:58 am
“Tell me, if you think I am going in the wrong direction with my thoughts”
Blouise,
you’re not wrong and I too am decidedly unhappy with what I’ve seens. however, let’s put this in perspective in the sense of the forces lined up against those who would attack the status quo. I’ve watched too many good political leaders die because they had the temerity to speak out too far against the oligarchy. This President, or any President is limited in how much the trend can be bucked. Then too at this point you don’t get nominated for President if you are too far off the reservation.
I will never accept the batlle is lost, but I think we all have to put into perspective what is possible in each individual foray. It’s like Jonathan being nominated to SCOTUS, best choice, but not a chance. He is too much an independent thinker to be allowed. We must keep up the fight but at the same time not let our spirits down because the odds against us are enormous.
Thank you everyone for your good wishes, they lift my spirits. I am off early for what seems like my zillionth test. In my life I’ve been one lucky SOB, except when it comes to fame and fortune, so I’m hoping that my luck holds out.
===============================================================
Mike,
Thank you. Excellent counsel which I take to heart. I will “keep my standards high, but lower my expectations” a tad.
Having just completed several months of medical testing on my beloved spouse’s heart, I can appreciate your situation. Have faith and follow your doctor’s recommendations … they can, and do, work wonders.
Obama is not eligible for office of president due to his mass criminality and lack of U.S. birth certificate.
The Hard Facts:
“Since 2008, an ongoing controversy has raged as to whether President Barack Obama was actually born in Hawaii as claimed. Barack Obama has rejected all demands for the public release of his original Hawaiian birth certificate, which would presumably include the actual hospital that performed the delivery and the name of the attending physician at the birth.”
See more at:
http://www.safeguardourconstitution.org/the-hard-facts.html
“President Obama, I ask you to respect and uphold the Constitution. Be transparent and show your honesty and integrity. Release your original, signed birth certificate, if you have one, thus proving your birth on American soil, and thus assure the American people that you are lawfully eligible to hold the office of the presidency and serve as commander in chief of the Armed Forces.”
Obama should be daring. He should nominate a non-lawyer legal scholar to the vacancy. He should nominate Martha Nussbaum. check her out.
BORN IN THE USA?
Officer questioning eligibility faces new threats from Army
‘You could be sentenced to dismissal, confinement’
Lt. Col. Terry Lakin is the highest-ranking and first active-duty officer to refuse to obey orders based on President Obama’s eligibility.
The Army is threatening to dismiss and jail an active-duty lieutenant colonel who says he won’t obey military orders until he knows that President Obama is in the Oval Office as a constitutionally eligible president, according to his supporters.
A statement given to WND today by Margaret Hemenway, who is acting as a spokeswoman for the case involving the American Patriot Foundation and Army Lt. Col. Terrence Lakin, said Lakin is “undaunted” and has not changed his position.
http://www.wnd.com/index.php?fa=PAGE.view&pageId=137013
It is unconstitutional, felonious and treasonous for Usurper Obama to appoint someone to the SCOTUS! Obama is NOT the President of the United States.
Obama is guilty of a multitude of crimes before and after his illegal election. Obama is a war criminal with complicity of prisoner torture in blocking investigations and prosecution of war crimes. Obama has been a War Criminal for several years in funding, conspiring and waging Wars of Aggression.
http://marjoriecohn.com/2009/12/obamas-af-pak-war-is-illegal.html
http://www.BuenaVistaMall.com/ObamaNotPresident.htm
Mike S:
how are you doing? I hope all is well.
“Tell me, if you think I am going in the wrong direction with my thoughts”
Blouise,
you’re not wrong and I too am decidedly unhappy with what I’ve seens. however, let’s put this in perspective in the sense of the forces lined up against those who would attack the status quo. I’ve watched too many good political leaders die because they had the temerity to speak out too far against the oligarchy. This President, or any President is limited in how much the trend can be bucked. Then too at this point you don’t get nominated for President if you are too far off the reservation.
I will never accept the batlle is lost, but I think we all have to put into perspective what is possible in each individual foray. It’s like Jonathan being nominated to SCOTUS, best choice, but not a chance. He is too much an independent thinker to be allowed. We must keep up the fight but at the same time not let our spirits down because the odds against us are enormous.
Thank you everyone for your good wishes, they lift my spirits. I am off early for what seems like my zillionth test. In my life I’ve been one lucky SOB, except when it comes to fame and fortune, so I’m hoping that my luck holds out.
Mike S.,
So very glad to see you post. However, I’ve been known to do a little “preemptive vomiting”. I know. I’ve seen me do it. 😀 It’s both cathartic and illustrative of consequences. As always, your sage words serve to balance my often caustic assaults on the inadequacies of Washington.
As always, the warmest regards and well wishes to you and yours.
“Think War Crimes, Patriot Act, The Wars, Guantanamo, Health Care, Financial Reform, and basically everything else …”
I agree fully, Mojo, but that IS everything, that is exactly where all our tax dollars went, what the surplus was squandered on, where the deficit came from, why the world hates #1 and why everyone under the upperclass got their behinds proper drilled….
Think trillions, many trillions in grand theft treasury, conspiracy and high treason against the people… That`s where the last presidents left even Hitler behind, mkay?
And that is exactly where Obama decided the people can do without justice, change and reason. Should probably serve us right for the worthless pieces of shit that we are. But noooo, the RIGHT is gonna kick amok because they didn`t go far enough??
Money turns us monkey.
I think Mike S. nailed it but I also want to vomit as much as BIL; I just tend to cover my mouth while BIL just lets it fly.
It seems this administration insists on starting from the weakest position. If they are given the ball on the twenty, they will walk it back and start from their own goal line. Then when they move it forward a little, they all want to pat themselves on the back for a small accomplishment that could have been easily had.
Think War Crimes, Patriot Act, The Wars, Guantanamo, Health Care, Financial Reform, and basically everything else …
It’s been like rooting for a team but then at some point you realize they have been shaving points the whole time.
So a SCOTUS appointment will start with somebody in the center and then it will move slightly to the right, but because it’s only “slightly” we should all feel good about this?
rafflaw
Blouise,
After reading your post, a thought came to me. Maybe the reason why Obama hasn’t been pushing hard to get Prof. Johnsen confirmed for the post at OLC is because he really wants to nominate her to SCOTUS! A guy can hope can’t he?
==============================================================
Such a move would be a giant step forward … as an expert on Constitutional Law and an impressive reputation for scholarship, she would be more than suitable … yes, I could join you in that hope.
Blouise,
After reading your post, a thought came to me. Maybe the reason why Obama hasn’t been pushing hard to get Prof. Johnsen confirmed for the post at OLC is because he really wants to nominate her to SCOTUS! A guy can hope can’t he?
Mike S.,
I recognize the wisdom of your words but, last summer, as I sat and watched the beer-fest and meditated on the circumstances leading to that “fraternity frolic”, I realized that the man who won my vote was not present in the White House garden on that day. (As he was not the man who answered the obviously staged question at the end of the news conference that, in turn, led to the beer-fest.) I decided to wait and see if the guy ever showed up.
It is now 8 months since the photo op … no movement from the Justice Dept. to prosecute those who actively supported torture, no public option in healthcare, off shore drilling permitted, DADT still lawful …. etc.
I hope I’m not allowing myself to be manipulated by the forces you shed light upon and, taking your words seriously, I will strive to remain vigilant to their maneuverings but, I am no longer hopeful that the man for whom I voted will ever show up because now I believe that man was an illusion created by others and put forward by my party, the Democrats, as real.
Tell me, if you think I am going in the wrong direction with my thoughts, for I would gladly change this sense of betrayal if it stems from misunderstanding, political naivety, and/or poor reasoning.
Mike A. and Mike Spindell,
I would like to echo what you guys wrote. I wouldn’t put too much stock on the Washington Post article. It may be just their Conservative attempt to influence the choice. I want to see a truly progressive, protector of individual rights. Maybe Prof. Turley would be the best choice. Plus, I would love to see the Republican’s heads spin!
I support Prof. Turley for SCOTUS because he said he’d give me a clerkship 🙂 Oh, and because he’s a renowned constitutional scholar, too….
For my substantive contribution to the conversation, I submit that perhaps Solicitor Kagan’s positions might change if she becomes Justice Kagan… After all, her job has been to take positions supporting every presidential power grab; that’s not necessarily what she believes in fundamentally. Then again, I know nothing about her other than that she is the Solicitor General, so yeah…
A very insightful post
Treason is a duty when traitors like these are chief, rule on the constitution all you want
With the forces of Buddha we’ll strike! 🙂