I had a chance to watch part of the news briefing today at the White House where the President entered, startling the reporters who were sleeping through Press Secretary Gibbs presentation.
President Obama announced that he had spoken directly with Justice Souter, after receiving his letter of resignation effective at the end of the current term of the Court, and he could now officially confirm the resignation of the Justice.
As the President spoke of Justice Souter, he praised the Justice for his legal philosophy, his view of the limited role of the judiciary and his refusal to pursue a political agenda from the Bench. But when he spoke of the qualities he would seek in a replacement, his focus was different – discussing the importance of understanding how the decisions of the Court impact ordinary citizens. It is my view that while praising Souter for not being an activist judge – he then described the qualities of judicial activism as the values he will seek.
It has been my experience that the Justices who have served in elected political office outside of the judiciary tend to be more sensitive to the role of the people in the process and may come closer to the values that the President mentioned. Justices Souter and O’Connor both had that political background – and it may have served them well on the Court.
The other impression I had of the President and his merry men in the briefing room was that they showed unrestrained glee that they were going to have a chance to appoint a new Justice of the Supreme Court. I thought that was a bit shabby since we are seeing the end of a distinguished career of public service from David Souter. I did not always agree with Justice Souter’s legal opinions – but I respected his position on the Court and his public service on the Court and in his previous positions. I thought a little more decorum in the announcement would have been nice. I think if I were one of the other Justices remaining on the Court, I would be hiring food tasters for the next few years.
The President will be able to get his pick for the Court approved by the Senate, with 60 Senators on the Democrat side. I hope and recommend that he should seek out a qualified jurist who is left leaning, but not an ideologue. He should seek to gain favor with the Republicans with a moderate to left leaning appointment to build political capital for the next one. Probably a woman and/or a minority, but not someone who wouldn’t fit into Souter’s shoes and ideology.
We’ll see said the zen-master.
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