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Brian Gilmore is a poet and public interest attorney and contributing writer with Ebony-Jet Online.
He is also a columnist with the Progressive Media Project.
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| Replacing Justice Souter: Part II |
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| Monday, 04 May 2009 22:13 |
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President Obama’s Supreme Court nomination is moving quick, it is rumored, and here is the tale of the tape.
Senator Orrin Hatch says Mr. Obama assured him no extremist is in route to Washington D.C.; this is irrelevant. Mr. Hatch controls nothing and is a conservative. Senator Arlen Specter, the now ex-Republican, is out of the Judiciary committee as the GOP's voice (the committee that will oversee the hearing); Senator Jeff Sessions, conservative is in. So what? Welcome Mr. Sessions, sit down and cast your one vote.
The conservatives have already conceded the cause is hopeless; their plan is to use the nomination as a political tool to again stress to the nation that Mr. Obama is a liberal. So what, but be careful; the GOP might be down but they are still clever and have money.
The short list contains many who are well over 50 and this is not good. Lets find a 45 year old health nut whose from a genetic line of long lifers.
The short list does contain a few women and this is good.
The President says there is no litmus test and this is bad. If John Roberts and Sam Alito are not walking litmus tests, my name is John Shaft. Have a litmus test. If you leave your house with no destination, you might wind up at the racetrack gambling on longshots.
Mr. Obama seems to want to nominate now forcing the GOP to play ball before the break which is good. Hold the hearings in the D.C. in late July/early August when the DC swamp water weather will bring about a quick hearing and quick confirmation as Capitol Hill becomes a steam room and a desert all at once.
Mr. Obama is using the word “pragmatist” too much (or allowing it to be used). This is bad. Truthfully, Mr. Obama should forget about pragmatism. Mr. Obama should be looking for the woman version of William Brennan, a person who knows how to build coalitions, can secure the five votes, and stick it to the conservatives without being petty and arrogant. If this is a pragmatist, so be it. If this is a radical, we will take that too.
Some think Mr. Obama should not make waves and should appoint the best candidate and not consider age at all. This is bad. Justices Roberts and Alito will be still on the court (more than likely) when Mr. Obama is a grandfather. This is huge. The country needs a counter to those two votes.
Finally, if Mr. Obama still has doubts about who to appoint, consider the Preident George H.W. Bush-David Souter saga. According to Jeffrey Toobin in his book, "The Nine," Mr. Bush didn’t want a nasty fight for a nominee so he sought out a blank slate with no obvious ideological agenda. Mr. Souter was the nominee and the eventual justice.
Mr. Bush got roasted.
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