Back in the good ol' days

'Justice John Paul Stevens, who announced his resignation from the Supreme Court on Friday after 34 years, may be the last justice from a time when ability and independence, rather than perceived ideology, were viewed as the crucial qualifications for a seat on the court. He was nominated in 1975 by President Gerald R. Ford, who said all he wanted was “the finest legal mind I could find."' (emphasis mine)

read me:
The End of an Era, for Court and Nation (from NYT)

"In an interview last week, he said that every one of the dozen justices appointed to the court since 1971, including himself, was more conservative than his or her predecessor."


Let's hope Obama reverses this trend.

It should seem odd to all of us that if we went back several decades on the Court, we'd see a far more liberal collection of justices. Not that they were so wacky and radical, but that it's easier to nominate a conservative now.

Conservatives often talk about the good ol' days. At least in this case, I might agree, nomination-wise.
So let's give 'em what they're asking for- a liberal justice.

I hear snarling and maniacal laughter...

(Wherein I rant a little and then make a point or two:)

Is it just me, or are the Republicans seeming like the Lion King's nasty pack of hyenas, lately?

To say that they will filibuster Obama's nomination - a nominee who DOESN'T EVEN EXIST yet - is insane. That just doesn't happen for Supreme Court Justices. There are other ways of interrogating them and challenging them and their qualifications. These tantrums are getting old.

The Republicans can't say that they will just vote "no" on the nominee because the Obama administration won't put up a candidate who isn't qualified. The Republicans could only vote against the nominee if they could prove s/he wasn't qualified. That would probably be hard to prove, given the thorough extent to which Obama's team is likely to vet her/him.

During the Bush years, the Repubs could run wild with all the mean-spirited and illegal activities they wanted, because these activities were lead by W. And now they are cranky because no one is kowtowing to their sense of entitlement. Seriously, guys, you may be upset, but just take whatever meds you've gone off of, and start acting like moderately-rational adults! I'd even accept acting like Congressmen and Senators. But you aren't even close to reaching that level lately.

When Stevens joined the court, he was certainly considered a moderate conservative. And the court has drifted to the right around him - he's been there that long - to the point where he is now the Court's leading liberal.

If Obama didn't pick a nominee just as liberal (and hopefully someone relatively young), he would be a fool. It would be foolish to think that the Republicans would "appreciate" or be in any way happy about anyone other than another Roberts-type or Thomas-type. I know it's impossible to get Stevens's type of shepherding and influence over the other justices for important, tight votes as soon as the new justice arrived. But that could come with time, with the right candidate.

I don't think Obama is a fool - quite the opposite; that's what's frustrating here. While optimism and idealism are wonderful qualities to bring to any leadership position, naivete is not. Especially naivete that one hangs onto past its usefulness.

Come on, Mr. President. You have the political capital from the Health Care win. If you don't spend it now, it's gone. Truly replace Justice Stevens to the extent that you can - with someone who is a liberal. Don't go for the easy confirmation; go for the right one, even if it's hard.