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MONTHLY ARCHIVES
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POTUS Gets to Pick a Supreme
May 01, 2009 9:40 AM
ABC News' Jake Tapper and Sunlen Miller report:
With the news last night that 69-year-old Supreme Court Justice David Souter will retire, President Obama -- a former constitutional law lecturer -- will get to select a nominee to the Supreme Court.
Given Souter's liberal inclinations, the president's pick will not likely alter the political makeup of the court, but the opportunity will allow him to shape the court more to his liking.
And it does open up a new possible battleground on Capitol Hill. Few pols have more experience in Supreme Court nominee battles than former Judiciary Committee Chairman, now vice president, Joe Biden, and his Chief of Staff Ron Klain -- who worked on Supreme Court nominee battles on that Senate Committee, at the Justice Department, and in the Clinton White House. But Republicans are already reminding reporters that President Obama is the first U.S. president in American history to have voted to essentially filibuster a Supreme Court nominee, Justice Samuel Alito.
"I would not have nominated Clarence Thomas," President Obama said last August. "I don't think that he was a strong enough jurist or legal thinker at the time for that elevation, setting aside the fact that I profoundly disagree with his interpretations of a lot of the Constitution.
"I would not nominate Justice Scalia," he said, "although I don't think there's any doubt about his intellectual brilliance, because he and I just disagree. You know, he taught at the University of Chicago, as did I, in the law school...
"You know, John Roberts, I have to say was a tougher question only because I find him to be a very compelling person, you know, in conversation individually," Mr. Obama went on. "He's clearly smart, very thoughtful. I will tell you that how I've seen him operate since he went to the bench confirms the suspicions that I had and the reason that I voted against him. One of the most important jobs of, I believe, the Supreme Court is to guard against the encroachment of the executive branch on the power of the other branches... And I think that he has been a little bit too willing and eager to give an administration, whether it's mine or George Bush's, more power than I think the Constitution originally intended."
So what has the president said on the type of justice he would appoint?
“Change means a president who will stand up for choice, who understands that five men on the Supreme Court don’t know better than women and their families and their doctors about what’s best for their health," he said in Coral Gables, Florida, on September 19.
In Farmington Hills, Michigan, that same month, then-Sen. Obama said, "I taught constitutional law for ten years at the University of Chicago and so this stuff matters to me a lot too. And you know obviously there are some people who focus on what would happen to Roe v Wade. I think it’s fair to say if John McCain wins, that would be overturned."
Mr. Obama said abortion isn't the only issue on his mind when it comes to picking a justice. "There are issues related to presidential power and whether for example the president can issue warrantless wiretaps," he said. "I think that we can surveil people who do us harm but make sure that somebody is watching what the president’s doing even if I am president to make sure that we’re doing it right. That’s part of our checks and balances. But there are some bread and butter issues -– people don’t realize that not all of these issues are not sexy, high profile issues –- some of them are bread and butter issues."
He went on to talk about the Lilly Ledbetter act to help women fight pay discrimination, which was the first legislation he signed into law.
"I don’t believe that the courts should spend all their time intervening in our daily affairs but you know what we do expect, what we should expect from our laws and from our courts is that everybody gets a fair shake and that everybody has access to the courts," then-Sen. Obama said. "That everybody gets their day and that’s what I’m going to be fighting for when I am President of the United States."
In Lafayette, Indiana, a year ago, Mr. Obama said the U.S. needs "a Supreme Court who is going to stop giving the executive branch -- whether its me or George Bush or John McCain or whoever it is -- stop giving the president carte blanche to do whatever it is that they want because that’s not the way our democracy is designed."
In New York City last July, Mr. Obama said that beyond Lilly Ledbetter and Roe v Wade, "the Supreme Court also affects women’s lives in so many other ways –- from decisions on equal pay, to workplace discrimination, to Title IX, to domestic violence, to civil rights and workers’ rights. And the question we face in this election is whether we’ll have judges who demonstrate sound judgment and empathy, who understand how law operates in our daily lives, who are committed to upholding the values at the core of our Constitution -– or judges who put ideology before justice, with our fundamental rights as the first casualty."
In Wayne, Pennsylvania, in June, the president talked about the "5-4 decision -– a decision that said we are going to live up to our ideals when it comes to rule of law. Basically what it said was those prisoners that we hold in Guantanamo deserve to be able to go before a court and say ‘it wasn’t me’ or ‘I didn’t do it.'
"Now that is -– you know that principle of habeas corpus that a state cant just hold you for any reason without charging you and without giving you any kind of due process –- that’s the essence of who we are. I mean you remember during the Nuremberg trials, part of what made us difference was even after these Nazis had performed atrocities that no one had ever seen before, we still gave them a day in court and that taught the entire world about who we are but also the basic principles of rule of law. Now the Supreme Court upheld that principle yesterday. John McCain thinks the Supreme Court was wrong. I think the Supreme Court was right."
Mr. Obama said the Court was "just one justice away" from overturning Roe v Wade.
"And you know Justice Stevens is 85, 86, 87? You know, he wants to retire I suspect sometime soon."
With only one woman on the high court it seems likely that the president will select a female for the position, and some possible candidates include former Harvard Law School Dean and Solicitor General Elena Kagan; 9th Circuit U.S. Court of Appeals Judge Kim McLane Wardlaw; 2nd Circuit U.S. Court of Appeals Judge Sonia Sotomayor; 7th Circuit U.S. Court of Appeals Judge Diane Pamela Wood; and George Supreme Court Chief Justice Leah Ward Sears.
-- Jake Tapper and Sunlen Miller
May 1, 2009 | Permalink | Share | User Comments (106)
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It's about time everyone acted on whats right not what the crowd is doing. Being a Republican or Democrat means nothing when we elect whacked out people who have their own agendas and don't care about the American people. Most everyone wants a good job and a home and family. Everyone wants to feel good about themselves. Yet there are special groups who are taking away all our rights with distractions and confusion. They want all the normal Americans fighting each other and not to hear each other. If we talk to each other instead of being told what they think we need to know.We can can have a better country. Mexico sucks. Maybe we need to educate them and send them back to create their own and better Mexico. first and foremost we need to talk to each other and stop claiming bigotry when none was applied.Our country needs to walk in balance and the enviro groups have twisted their data with out thought and they need to be pulled back. The co2 problem is not a problem. We need elevated co2 for crops which are fast growing .With out it the wold crops will not produce the food everyone needs. the data on this is being suppressed by Gore and his friends.It is their own data that show the crop failures will happen.You can stop droughts with global warming because it will rain in the arid lands. The same places they claim great concern over. They are after power not anything else.
Posted by: Larry23 | May 2, 2009 3:06:46 AM
The only justice that Obama wants is communistic. A judge who doesn't read anything but Karl Marx's guide to one world government. Bill of rights and the constitution means nothing to these people.The swine flu was to distract everyone from their agenda.
Posted by: John3 | May 2, 2009 2:46:30 AM
Ryan,
Are you going to spend the rest of Obama's term blaming the Republicans for everything? Is it too much for you to just say 'hey- my mistake'? No one here knows everything. It's really no more embarrassing to say you didn't realize something than to try to blame the evil opposition. I feel confident there are many people on here who don't take your opinion as seriously as you do. You won't let the world down by admiting you were wrong. Remember, Obama told us all last week not to be discouraged when making mistakes. It's how we learn. Well, I assume he meant all of us when he said that to the CIA.
I'm one of those who loves a good debate and I don't normally throw flames, but come on- this is silly.
Ryan said:
"A scant few hours ago you were ridiculing the notion that such a rule existed."
Apprently 8 years of Republicans ignoring the rule led me to believe it no longer existed.
A reminder to all of us to never trust Republicans again.
Posted by: Lily | May 1, 2009 10:49:51 PM
Wow
the news only gets worse for the gop
let not your hearts be troubled
just take it with a smile
Posted by: Omentum | May 1, 2009 9:06:14 PM
"Funny how we can't racially profile for criminals but we can for SCOTUS candidates." ~ drjohn
Best quote of the day! (And, the day isn't even over yet, but that's gotta be it.)
Posted by: TooFunny | May 1, 2009 5:46:27 PM
According to fascist having to wait for non life threatening health care is an example of the failure of a healthcare system but a man dying because of lack of insurance is perfectly acceptable.
====================================
Ryan C, you posted the info that he accrued $400,000 in hospital bills from a two month stay.
It seems that he did have healthcare without insurance.
Posted by: mad | May 1, 2009 4:16:19 PM
"The Dems should hope the Republicans hang on forever.. they'll never find weaker opponents.."
While the GOP is weak now, that will not always be the case.
I think Eric Cantor may be the best thing going for them behind the scenes.
Posted by: Ryan C | May 1, 2009 4:06:52 PM
"I pay for my health care (which I cannot even deduct as a sole proprietor) as well as for my employees and Ryan is looking for me to pay for him too."
Actually I have health insurance as part of my compensation for my job.
If people who do not have insurance who I worry about.
Posted by: Ryan C | May 1, 2009 4:04:56 PM
"Obama is right on his road to turn the US into a Leninist state. He has stated that the Warren Court did not go far enough to break the constraints of the Founding Fathers."
Yes how dare the Warren Court rule that separate but equal was unconstitutional.
Also Obama was discussing the civil rights movements reliance on the courts and the inability of the courts to address economic differences.
So we have a lie and a outrage at the overturning of the separate but equal doctrine....just another day in the life of a right winger.
Posted by: Ryan C | May 1, 2009 4:00:41 PM
Let's hope you never get sick causing your insurance company to drop you, fascist hyena.
I pay for my health care (which I cannot even deduct as a sole proprietor) as well as for my employees and Ryan is looking for me to pay for him too.
Posted by: drjohn | May 1, 2009 3:59:26 PM
Obama is right on his road to turn the US into a Leninist state. He has stated that the Warren Court did not go far enough to break the constraints of the Founding Fathers.
He fully intends to use the courts to impose "econommic justice", i.e. redistribution of wealth.
Posted by: drjohn | May 1, 2009 3:57:19 PM
"Pretty stupid of him. So I'm supposed to step up and pay his bills for him?"
So I have this straight:
According to fascist having to wait for non life threatening health care is an example of the failure of a healthcare system but a man dying because of lack of insurance is perfectly acceptable.
Posted by: Ryan C | May 1, 2009 3:56:06 PM
Ryan
The anti-bush thing will work for years.. he's the new hoover.. a WMD in every pot. I would never be a Republican..
The Democrats can fall into the same trap, set your agenda and close your eyes and ears.. balance of power is a good thing..
The Dems should hope the Republicans hang on forever.. they'll never find weaker opponents..
Posted by: DontGet818OnMeNow | May 1, 2009 3:55:38 PM
Funny how we can't racially profile for criminals but we can for SCOTUS candidates.
Posted by: drjohn | May 1, 2009 3:55:04 PM
"Such as the payment of premiums. The loafers and freeloaders will always want someone else to pay for them.
Can we agree that no one who owns a 50" flat-screen TV is entitled to have someone else pay his premiums..."
Are you trying to claim that the tens of millions of Americans that don't have health insurance are all freeloaders? We'll have to see how well that works for you in 2010. Also we're not talking about flippin' TV's here. People are dying because of this problem.
Posted by: Skip | May 1, 2009 3:52:07 PM
"And Ryan.. how well did that work out (the GOP in control of the lot)"
ROFLMAO!
Could there be a larger sign of how much trouble Republicans are when they are pointing to themselves as reasons not to do something?
This is the same mentality in which the GOP is gonna attack Specter by associating him with George Bush.
Posted by: Ryan C | May 1, 2009 3:51:49 PM
"Such as the payment of premiums."
Or having a preexisting condition.
Like I said, I hope you never get sick fascist and have to watch your insurance company drop you.
Posted by: Ryan C | May 1, 2009 3:50:26 PM
"A scant few hours ago you were ridiculing the notion that such a rule existed."
Apprently 8 years of Republicans ignoring the rule led me to believe it no longer existed.
A reminder to all of us to never trust Republicans again.
Posted by: Ryan C | May 1, 2009 3:49:18 PM
"Actually it was the Clinton administration that repealed the Glass-Stegall Act in 1999,"
Gee what was the name of that bill?
Oh yeah.
Gramm-Leach-Bliley Act
Phil Gramm (Republican of Texas)
Jim Leach (R-Iowa).
Rep. Thomas J. Bliley, Jr. (R-Virginia)
Clinton sought to veto the first version but signed the final version.
"which Lawrence Summers hailed as the gateway to the 20th century"
And he was wrong.
Sen Wellstone was right
”Scores of banks failed in the Great Depression as a result of unsound banking practices, and their failure only deepened the crisis,” Mr. Wellstone said. ”Glass-Steagall was intended to protect our financial system by insulating commercial banking from other forms of risk. It was one of several stabilizers designed to keep a similar tragedy from recurring. Now Congress is about to repeal that economic stabilizer without putting any comparable safeguard in its place.”
Posted by: Ryan C | May 1, 2009 3:46:57 PM
"All the people who believe in the 'every man for himself', 'dog eat dog', 'I'm alright Jack keep your hands off my stack' philosophy are already in your party and accounted for. If you want to win any more elections you've got to do better than that."
There's no doubt that a government that robs Peter to pay Paul can always count on the support of Paul. A majority of Americans have historically resisted that temptation, although they may not be willing to do so anymore. If so, they'll get exactly what they deserve. Won't bother me a bit; I've already got mine, I got it honestly, and the government can't touch it.
Posted by: Fascist Hyena | May 1, 2009 3:44:34 PM
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