An Uneasy Feeling: Obama’s Short List Reportedly Includes Two Controversial Possible Nominees

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.

72 thoughts on “An Uneasy Feeling: Obama’s Short List Reportedly Includes Two Controversial Possible Nominees”

  1. “BuenaVistaMall 1, April 8, 2010 at 8:44 pm

    If they were to arrest me my trial could start with a good old down-home DISCOVERY!! That would shine the daylight on the imposter commander of the vampires!”


    Well it would certainly shine a little daylight somewhere, at least during the cavity search.

  2. The military has a Constitutional right and duty to refuse to follow unlawful orders. The Nazis at Nuremberg found out ‘just following orders is not a defense.’

    War Criminal Usurper Obama’s orders are illegal.

  3. BVM:

    I hear knocking at your door and I see a big black sedan and FBI agents running around outside. Do you have your exploding laboratory rigged and your getaway car in the secret tunnel?

  4. If they were to arrest me my trial could start with a good old down-home DISCOVERY!! That would shine the daylight on the imposter commander of the vampires!

  5. “BuenaVistaMall 1, April 8, 2010 at 7:27 pm

    Maybe a great number of the military will begin to disobey orders. The military could arrest Obama today.”


    Given your open incitement to sedition they could probably arrest you today.

  6. Hand baskets are great for bananas.

    Regular $0.50
    Fireproof $1.00

  7. BVM:

    “Maybe a great number of the military will begin to disobey orders. The military could arrest Obama today.”


    Thank you for your call for a Banana Republic. I suspect many of the “patriots” you cite would be less conspicuous should your wish for a coup actually materialize. Talk is cheapest when nothing hangs in the balance except some false bravado.

    I am alway amazed by how easily you call for armed insurrection and outright treason. You might recall the last group of military folks who opted to defy the lawfully elected representative of the people. You can still find them under the pointy white concrete slabs in Arlington. They were convinced of the rightness of their cause, too.

  8. FrancisDane, your comments were succinct, to the point and accurate.

  9. BVM:

    “I want to thank everyone [here] for their support.”


  10. Back to substance rather than the President’s grade school records, I dont know Koh from a hole in the wall but trust Prof. Turley’s judgment. I jus don’t want another affirmative action choice. I want someone who is politically liberal on a consistent basis and don’t care whether he/she or it is black, white, female, male, caucasian, black, hispanic or from Planet Zutar.

    I love how the repugs are insisting that the democratic majority not push through ideologues when they pushed through
    Roberts and Alito, total ideologues. Think of the damage already done by these guys. We need a dependable liberal to offset Scalia, Alito, Robertson and the other guy-you know the one who never says a word during oral arguments-Clarence Thomas. Kennedy the swing vote may not last forever and then there’s Ruth Bader Ginsberg. I wish her well, but hope she resigns during Obama’s first term as he is looking more and more like a one termer.

  11. Face it folks, Obama is no more of a Democrat than Joe Lieberman. In fact, he is exactly like Lieberman who Obama has proudly called “my mentor” in the US Senate. Next time, with any luck, the Democrats will nominate someone from their own party for President.

  12. BuenaVistaMall,

    The beauty of free speech is finding out what the nut jobs think and how their minds work. One doesn’t have to infiltrate some super secret cell or don a silly hat to get the inside scoop on the latest crazed cult … those wily founding fathers knew what they were doing … keep the crazies out in the open by giving them free speech … it really works!

  13. Oh, but surely the opinion of a piece of real estate is more valuable than the wide variety of legal and other professionals who frequent here.


  14. Obama is Guilty of MANY Major Crimes before and after the elections. The U.S. Government and its media (mainstream media) have sold out regarding this evidence.

    This is one of Obama’s crimes in court case by Dr. Orly Taitz presented to Social Security Administration:

    Obama’s Social Security Fraud

    According to affidavits, provided by licensed investigators Mr. Neil Sankey and Ms. Susan Daniels (Exhibits A, B) Mr. Obama has used multiple social security numbers, which indicates social security fraud and identity theft. One does not have an expectation of privacy and right to privacy, when he uses identity of others. Moreover, such individual is subject to criminal prosecution for such crimes. If you, as a Social Security officer, upon receiving such information, are refusing to act and prosecute, you become complicit and subject to criminal liability for aiding and abetting of felonies, subornation of felonies and under RICO.

    Social security number that Mr. Obama is using currently 042-68-4425, is a number, fraudulently obtained by Mr. Obama, as according to affidavits of Mr. Sankey, Ms. Daniels and former immigration officer, private investigator Mr. Sampson, this number was assigned between 1976-1977 in CT, while Mr. Obama resided at a time in HI. As a matter of fact, Mr. Obama never resided in CT.

    042-68-4425 was originally assigned to an individual born in 1890, which makes him 120 years old. It appears this individual applied for the benefits when he was older and retired, and needed some Medicaire or Medicaid benefits. Mr. Obama is not 120 years old.

    Official Selective Service web site confirms Mr. Obama’s use of the SSN 042-68-4425

    Obama also is an illegal alien. He has no U.S. birth certificate. He cannot prove that he is a U.S. Citizen. “Jill T. Nagamine, Deputy Attorney General for the State of Hawaii, has made it clear that her office will not corroborate or back in any way the July 27, 2009 Statement of Dr. Chiyome Fukino, Director of the Hawaii Department of Health, which declared Obama Hawaiian-born and a “natural-born American citizen.”

    Please call the number below, demand criminal prosecution of Barack Hussein Obama for fraudulent use of SSN 042-68-4425 issued in CT as well as other numbers of deceased individuals and numbers never assigned.


    A top-ranking, highly decorated officer in the U.S. Army says he’s now refusing all orders until President Barack Obama finally releases his long-form, hospital-generated birth certificate to prove his eligibility to serve as commander in chief.

    The officer questioning Obama’s status is Lt Col T. Lakin, Flight Surgeon. He is on the staff of 4 star General Geo. W. Casey, the Army’s Chief of Staff. I believe that is the second highest job in the U.S. Army. Gen. Casey is stationed at the Pentagon in Washington D.C. For a Pentagon Officer such as Lakin, on the staff of such a prestigious General as Gen Casey, to speak out against Obama is quite remarkable.

  15. Original, vault copy birth certificate — Not released (lawyers’ fees = $2,000,000 ~ birth certificate = $15)

    Certification of Live Birth — Released — Counterfeit
    Obama/Dunham marriage license — Not released (if one exists)
    Obama/Dunham divorce — Released (by independent investigators)
    Noelani Kindergarten records — Records lost (this is a big one — read two frames)
    Soetoro/Dunham marriage license — Not released
    Soetoro adoption records — Not released
    Fransiskus Assisi School School application — Released (by independent investigators)
    Noelani 3rd Grade records — Not released
    Punahou School application — Missing
    Punahou School records — Not released
    Soetoro/Dunham divorce — Released (by independent investigators)
    Selective Service Registration — Released — Under suspicion
    Social Security Number — Under suspicion
    Occidental College records — Not released
    Passport — Not released and records scrubbed clean by Obama’s terrorism and intelligence adviser
    Columbia College records — Not released
    Columbia thesis — “Soviet Nuclear Disarmament” — Not released
    Harvard College records — Not released
    Harvard Law Review articles — None
    Illinois Bar Records — Not released
    Baptism certificate — None
    Medical records — Not released — nor is the source of this nasty scar
    Illinois State Senate records — None
    Illinois State Senate schedule — Lost
    Law practice client list — Not released
    University of Chicago scholarly articles — None

  16. BVM, you have posted these lies before. Don’t you ever get tired of lying?

    Obama is not a usurper. That is a knowing falsehood, a lie.

    He is a natural born citizen. He is the lawfully elected President of the United States of America.

    Eugene Volokh has refuted the lies about Obama’s status as a law professor. He was in fact a law professor at Chicago. The tape is a tissue of lies.

    You don’t seem to be picking up too many fans around here.

    How is the fund-raising coming? Raised enough for a new bathrobe, yet?

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