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Democrats Divide on Voice of Possible Top-Court Pick By Jess BravIn Washington—Democrats gearing up for a possible Supreme Court vacancy are divided over whether President Barack Obama should appoint a prominent liberal voice while their party still commands a large Senate majority, or go with someone less likely to stoke Republican opposition. The court's longest-serving member, Justice John Paul Stevens, has suggested that he may retire at the current term's end in June, when he will be 90 years old.

The second-eldest justice, Ruth Bader Ginsburg, 76, has said she hopes to emulate her judicial idol, Justice Louis Brandeis, who retired at 83. But Justice Ginsburg's health issues—she was treated last year for pancreatic cancer—have made preparations for her retirement prudent, officials said. If any justice steps down, it would be the second opportunity for Mr. Obama to name a member of the court. Last year, the president chose Sonia Sotomayor to succeed the liberal-leaning Justice David Souter.

The White House considered Justice Sotomayor's rise from Bronx, N.Y., through the Ivy League and onto the federal bench as a potent symbol of American social mobility. Some liberals lamented that she lacked the provocative philosophical profile that Republican administrations have sought in some of their most important judicial nominees, such as Justice Antonin Scalia, a Reagan appointee who has popularized a conservative approach to legal interpretation. "Sotomayor fits further into the problem of lacking any powerful liberal voice," said University of Chicago law professor Geoffrey Stone, a friend and former faculty colleague of Mr. Obama. Like many liberal academics, Prof. Stone considers Justices Stevens, Ginsburg and Stephen Breyer as relative moderates who don't articulate a robust philosophical alternative to the court's aggressive conservatives, Justice Scalia, Chief Justice John Roberts, and Justices Clarence Thomas and Samuel Alito. Without trailblazing liberals like the late Justices William Brennan and Thurgood Marshall on the bench, "the court is getting this completely skewed internal debate about how to think about constitutional law," Prof. Stone said. That's bad for the court and bad for the nation.

Other allies of the president say picking a "Scalia of the left" would be a mistake. A candidate with a sharp liberal record "is such an attractive target for a fight, it could screw up the whole summer," tying up the Senate and further handicapping the Democrats' agenda, said a Democrat familiar with the White House's thinking on judicial nominees. "The president doesn't have the same popularity he did last summer, and that goes both in terms of the American people giving his nominee the benefit of the doubt, and the Republicans standing up to him," said Curt Levey, executive director of the Committee for Justice, which promotes conservative judges and opposed Justice Sotomayor. As a result, the White House is expected to give less-controversial candidates a close look.

Two who have been repeatedly mentioned by people close to the process are Mr. Obama’s solicitor general, Elena Kagan, 49, and a federal appellate judge, Merrick Garland, 58, of the District of Columbia Circuit. The president is still far from any decision over the possible opening and may consider some people who haven't made short lists in the past. The White House declined to comment. Another name often mentioned is Diane Wood, 59, an appellate judge at the Seventh Circuit in Chicago. Mr. Levey, citing a dissent Judge Wood wrote involving abortion rights, said she would likely spark a bigger confirmation fight than Ms. Kagan or Judge Garland. Still, she is likely to have some prominent conservative backers as well, including former faculty colleagues from the University of Chicago law school. Ms. Kagan, a former dean of Harvard Law School, and Judge Wood were finalists for the appointment that went to Justice Sotomayor. Any successor to Justice Ginsburg is likely to be a woman, but if Justice Stevens retires, some close to the White House give the edge to Judge Garland, a former assistant U.S. attorney. Several prominent conservatives have publicly suggested that given a Democratic president will make the selection, he could pass muster.

Paper For Above instruction

The article discusses the political and strategic considerations surrounding potential Supreme Court appointments during President Obama's administration circa 2010, highlighting the ideological divisions within the Democratic Party. The possibility of retiring justices, particularly Justice John Paul Stevens and Justice Ruth Bader Ginsburg, raises questions about the president’s choice of a nominee that aligns either with his liberal base or with broader bipartisan acceptability. The balance between ideological purity and pragmatic governance is central to understanding judicial appointments, especially under the constraints of Senate confirmation processes.

In the context of judicial philosophy, the debate over appointing "liberal voices" versus more moderate or centrist figures exemplifies ongoing tensions in American judicial politics. Appointing a "liberal voice" like Sonia Sotomayor aims to reinforce the ideological tilt of the Court but risks galvanizing opposition, which could hinder legislative agendas and judicial confirmations. Conversely, selecting more moderate candidates such as Elena Kagan or Merrick Garland might expedite confirmation and avoid contentious fights, maintaining stable judicial support for current legislative efforts. Ultimately, the choice reflects broader strategic considerations about judicial impact, political capital, and long-term influence.

The significance of ideological balance in the Supreme Court is profound, impacting interpretations of constitutional law and shaping legal precedents that influence American society. Liberal justices historically have sought to champion civil rights, individual liberties, and social justice, while conservative justices often emphasize originalism and textualism as interpretive approaches. The debate over judicial nominations underscores the importance of appointing judges who not only align ideologically but also possess the capacity to interpret the law impartially and competently. The administration’s approach, balancing ideological priorities with political realities, exemplifies the complex interplay between law, politics, and societal values.

Further considerations involve the role of gender and diversity in judicial nominations. The likelihood of appointing a woman to replace Justice Ginsburg reflects a broader trend toward diversifying the bench and ensuring representation across different demographics. This approach acknowledges the importance of inclusivity in the judiciary while also serving strategic political purposes, such as appealing to diverse voter bases and reflecting societal changes. The appointment process is thus a multifaceted decision-making exercise that involves weighing legal expertise, ideological loyalty, political feasibility, and symbolic significance.

In conclusion, the 2010 considerations surrounding potential Supreme Court nominations illustrate the intricate nexus of ideology, strategy, and societal values. The choices made by the president and Senate influence not only the judiciary’s future composition but also the broader trajectory of American constitutional law. As political actors navigate competing priorities, the importance of balancing ideological fidelity with pragmatism remains central to shaping a court that will influence American life for decades.

References

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