Replacing Justice Souter: Legal experts discuss Obama's forthcoming Supreme Court nomination

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With Supreme Court Justice David Souter set to retire next month at the end of the Court's current term, President Barack Obama faces one of the most important decisions of his tenure. Reason.com asked a panel of leading legal scholars and commentators for their views on what sort of justice Obama should—and will—nominate to take Souter's place.

Our panelists are Radley Balko, Alan Gura, Wendy Kaminer, Manuel Klausner, Judge Andrew Napolitano, Walter Olson, Roger Pilon, Glenn Reynolds, Damon W. Root, Ilya Shapiro, Harvey Silverglate, Ilya Somin, and Jacob Sullum. Their answers are below.

Radley Balko

Who should Barack Obama nominate for the Supreme Court and why?

Sen. Russell Feingold (D-Wis.). If we can't get a libertarian, let's at least hope for a civil libertarian. Campaign finance reform is obviously Feingold's blindspot (and it's a big one, even for a leftist), but he's one of the few members of Congress from either party who has stood up for privacy and personal freedom since September 11.

Who will Obama nominate and why?

I hope I'm wrong, but my bet is with Solicitor General Elana Kagan. Kagan won over Republicans at her hearing earlier this year with her consistent support for broad executive power to fight the war on terror. Kagan gives Obama the best chance of avoiding an extended confirmation fight while still getting someone on the Court who shares his broader worldview.

http://reason.com/news/show/133633.html

[Arkana]

1. Whoever he nominates, I am sure,

will be a right-wing sellout here and a left-wing loony at Free Republic.

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2. Course