Litigation

Election-Year Battle Over High Court Brewing?

By Peter Hardin

Will there be a heated election-year battle over confirming a successor to Supreme Court Justice John Paul Stevens this summer?

It’s possible, with emboldened Republicans refusing to forswear use of the filibuster and Obama strengthened by congressional passage of historic health-care legislation. But it’s not unavoidable, judging from weekend predictions by Senate leaders from both parties:

• The senior Republican on the Senate Judiciary Committee, Sen. Jeff Sessions of Alabama, refused to rule out a filibuster if the nominee were someone like the Berkeley law professor Obama nominated for an appeals court, Goodwin Liu. If the pick is “somebody like that, clearly outside the mainstream, then I think every power should be utilized to protect the Constitution,” the New York Times quoted Sessions as saying.
• But Sen. Jon Kyl, the Senate minority whip, did not think the delaying procedure would be employed unless there’s “an extraordinary circumstance,” CQPolitics.com quoted Kyl as saying.
• “It’s just about a certainty that the president will nominate someone in the mainstream, so the likelihood of a filibuster is tiny,” said Sen. Charles Schumer, D-N.Y., according to a Los Angeles Times article.
• Sen. Patrick Leahy, chairman of the Judiciary Committee, predicted confirmation of a new justice before senators take their August recess.

Whether or not there is a political clash may depend upon Obama’s choice: a consensus candidate, or a liberal stalwart, reported USA Today.

On the opportunity for Obama, there is no controversy. According to the New York Times, “The vacancy is an unmistakable chance to put his stamp on the direction the court takes for the next several decades.” It will be Obama’s second nomination to the high court.

You can view a variety of media reports and commentary in a special Gavel Grab compendium about Justice Stevens and his legacy, or click here to read about Justice at Stake’s statement on his decision.

Full post as published by The Gavel on April 12, 2010 (boomark / email).