Justice Stevens to retire this summer

I certainly hope so. Stevens was good, but he wasn't a William Brennan, Thurgood Marshall, or Earl Warren. And unfortunately, it looks like Obama won't be nominating anyone of their caliber.

None of whom seem to be alive, let along on the court currently.

he's easily the greatest Justice on the Court
 
I certainly hope so. Stevens was good, but he wasn't a William Brennan, Thurgood Marshall, or Earl Warren. And unfortunately, it looks like Obama won't be nominating anyone of their caliber.

Replace bolded with John.

Also... it isn't like good future justices are easy to pick out. John Marshal, perhaps the greatest Supreme Court justice of all time, had an anemic resume compared most justices.

Intelligence and temperament, imho, are more important then resume. Things like that are hard to gauge though, and to pass muster, must be combined with a hefty resume, which isn't in my opinion an important indicator in choosing a Justice.

In history you will time and time again find people with little to no resume but with bountiful intelligence positively changing the world, while finding people with hefty resumes being mediocre and perhaps even detrimental simply because the resume is used as a crutch for average intelligence.

Want a stark example, google James Buchanan and Abraham Lincoln.
 
None of whom seem to be alive, let along on the court currently.

Conceded. However, it's perfectly possible that we'll find someone who will grow into Steven's legacy. Which really isn't saying anything outstanding.

Like who?

The classic shortlist that's circulating around consists of Diane Wood, Elena Kagan, and Merrick Garland.

Diane Wood is the most liberal and the most intellectually impressive, but she's also just shy of sixty, and has a long record to use against her. Elena Kagan doesn't have much of a record and is only fifty, but her arguments as Solicitor General would seem to make somewhat pro-government power. And Merrick Garland is basically a conservativish choice that could get past the Senate easy, even if he's just a couple years younger than Wood.
 
Only need 51 votes. I doubt Obama will compromise on this choice, not when it comes to SCOTUS which will form a lasting part of his legacy as President.
 
What a strange supreme court it looks from the outside, if the split at the Bush/Gore election ? had been 5/4 to the Goldwater Republicans/ Democrats would Gore have made President by the court ?

Unusual to see judges being picked for their political faith rather than their ability to do the job.
I wonder how Roberts and other social conservative judges would compare with the best of the British law lords in ability ?
 
iane Wood is the most liberal and the most intellectually impressive, but she's also just shy of sixty, and has a long record to use against her. Elena Kagan doesn't have much of a record and is only fifty, but her arguments as Solicitor General would seem to make somewhat pro-government power. And Merrick Garland is basically a conservativish choice that could get past the Senate easy, even if he's just a couple years younger than Wood.

You don't think he'll redirect Liu to send the first As-Am to the SCOTUS? Too difficult of a Senate fight?

Who is out there that you think would be a top choice? (as opposed to the names rumored)
 
You don't think he'll redirect Liu to send the first As-Am to the SCOTUS?

I don't know, but that sounds good. Liu is young! That would be an incredible appointment -- he could serve for forty years. I would love to see someone who wasn't a judge go up there. It'd be good to have a Court that looks more like America, too.

Politically also, I'd love to see an Asian-American appointment. Throw another minority group up for the Republicans to attack. They're so clumsy some of them will come across as racist. Some low-level functionary will send out an email with an old WWII cartoon or something.

I'd heard Harold Hongju Koh, but when I heard it I thought he was too liberal. The guy is all about human rights, and "anti-human rights" is pretty much a platform plank of the opposition party right now.

My first thought was Elena Kagan. I'd like to see another (wise) woman, and I wonder if her pro-government arguments made as Solicitor General really shed light on her personal opinions, or are just a result of the SG's position as an advocate.

Cleo
 
I'd like the replacement to be the youngest of the three likely ones, Kagan. I don't see the differences in slight ideology if they are as liberal as Breyer or Sotomayor, which I'm guessing any nominee would be.
I also think Ginsburg should step down sometime over the next couple of years, lest her cancer get to her 3-7 years from now.
 
Elena Kagan seems like a good choice, but once I saw Goodwin Liu, I started drooling
 
Maybe he'll pick a protestant, I head Obama is for AA ;)
 
I'm gonna miss Stevens. Very entertaining to read, especially when he was dueling with Scalia or :splat: Roberts. My guess is that he nominates Kagan who is probably as good as anyone on the short lists I have seen.
 
You guys haven't mentioned yet that you don't even have to be an American to be appointed to the SC. Hell, Tony Blair could be appointed :)
 
In that case, Obama's short list should be Raul Castro, Kim Jong Il, and some random disabled Kenyan lesbian.
 
You guys haven't mentioned yet that you don't even have to be an American to be appointed to the SC. Hell, Tony Blair could be appointed :)

Do you have to be human to be appointed to the Supreme Court?
 
Do you have to be human to be appointed to the Supreme Court?

Well, there is Article 3, Section 1:
The judicial Power of the United States shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish. The Judges, both of the supreme and inferior Courts, shall hold their Offices during good Behaviour, and shall, at stated Times, receive for their Services a Compensation, which shall not be diminished during their Continuance in Office.

And Article 2, Section 2:
He shall have Power, by and with the Advice and Consent of the Senate, to make Treaties, provided two thirds of the Senators present concur; and he shallnominate, and by and with the Advice and Consent of the Senate, shall appoint Ambassadors, other public Ministers and Consuls, Judges of the supreme Court, and all other Officers of the United States, whose Appointments are not herein otherwise provided for, and which shall be established by Law: but the Congress may by Law vest the Appointment of such inferior Officers, as they think proper, in the President alone, in the Courts of Law, or in the Heads of Departments.
 
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