Legal Commentary

Obama and the Supreme Court: Will He Play It Safe?

By Jeralyn

Taking a look at the names most frequently mentioned as a possible replacement for Justice John Paul Stevens who is widely expected to retire this year or next, prospects aren't looking good for progressives.

Elena Kagan and Merrick Garland seem to be at the head of the pack. Garland, now on the D.C. Circuit Court of Appeals, is a former DOJ top prosecutor (Associate Deputy Attorney General) who supervised the Oklahoma City Bombing case. Conservatives would welcome him since he's known for siding with the Government in criminal cases and tough on terrorism. He's been called the Democratic version of John Roberts.

The third person who appears to be in the running is Judge Diane Wood of the 7th Circuit, who is considered more progressive than Kagan or Garland. (She, too, is a former prosecutor -- deputy assistant attorney general under President Bill Clinton.)

Republicans are trying to influence the decision already, promising "bruising battles" and saying Garland is his best bet. Why does Obama have to play it safe? He's already got his "signature issue" -- the health care vote -- behind him. He really has an opportunity here to effect some change, one that could last decades. I hope he doesn't throw it away. And can we please have someone who didn't spend decades working for the Justice Department?

Full post as published by TalkLeft on April 04, 2010 (boomark / email).