Legal Update
Justice Souter’s resignation from the United States Supreme Court on Friday has all of Washington twittering (and tweeting, for that matter) about the President’s upcoming nominations for the seat. Obama, once a professor of constitutional law, has hinted that he “seeks someone who understands that justice isn’t about some abstract legal theory or footnote in a casebook; it is also about how our laws affect the daily realities of people’s lives.” Many reporters and pundits believe that the President will look beyond the benches of federal appeals courts, which supplied all nine of the current justices, to someone with more practical political experience. It also seems to be the general consensus that the court is in need of a woman to bring it up-to-date with the rapidly growing rate of female representation in the legal field. This need is exacerbated by the likelihood that the court’s only female, Justice Ginsburg, will soon retire due to her battle with pancreatic cancer.
Elena Kagan (Obama’s newly appointed Solicitor General), Sonya Sotomayor and Diane Pamela Wood (both federal appeals court judges) are among those rumored to be on the short list for nomination. Once nominated, a candidate must receive confirmation from the Senate in order to be appointed. Prospective justices must first attend hearings with the Senate Judiciary Committee where they are questioned and given a positive, negative or neutral report. Then, they are sent to the full senate for a majority vote. Because Supreme Court justices serve for life and have widespread national influence, appointments are seen as a highly important presidential privilege. However, the confirmation process can be grueling. Already, conservatives are criticizing Obama’s purported pragmatic approach as overly liberal in its encouragement of judicial activism. With the looming threat of a filibuster, even the current Senate Democrats, who comprise a strong 59-40 majority, cannot guarantee the passage of radical candidates.
Souter, an appointee of George Bush Senior, will serve until June, which marks the end of the present working term. His replacement will then begin in October.
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