Who Would Barack Obama Appoint To The Supreme Court?

[Median Democrat]

Yes, I know Hillary Clinton, but rather than get into that whole debate, who else would or should be considered based on their judicial philosophy. With Hillary, it would be based heavily on political concerns, but assuming Hillary were not nominated, what kind of judge would Barack Obama appoint?

Lawrence Tribe even though he is getting up there in age? Tribe definitely is a mentor to Barack Obama. Here is an article speculating on the possible appointees:

http://www.scotusblog.com/wp/the-next-supreme-court-justice/

[aint_no_life_nowhere]

1. Lawrence Tribe and his colleague Kathleen Sullivan

Tribe who is one of the nation's foremost constitution scholars I believe once called Obama "the finest student I ever had".

[Median Democrat]

4. Tribe Is 67 Unfortunately and Sullivan Failed The California Bar...

In 2005, though she did eventually pass the bar.

[aint_no_life_nowhere]

14. So?

As a California attorney who passed the bar, I don't think that passage is a mark of legal scholarship. It can be a very tiring three-day experience and you have to be having a good day, mentally and physically to do well, especially the multiple choice part where you have little time per question. I've known lawyers from Harvard and Yale who didn't pass their first time and night law school graduates who did. As for Tribe, I think he's a national treasure and I'd rather have him on the Court for five or ten years than almost anyone else for a longer time. I think we need serious redress on a host of Constitutional issues and we need it now.

[tridim]

2. Jonathan Turley

[Mojambo]

12. Turley would be an interesting one. n/t

[Ian David]

3. I would appoint Judge Judy. But that's just me. n/t

[Bluebear]

20. Absolutely. nt

[gkhouston]

5. I think Obama would resist appointing someone who wasn't a

constitutional law weenie, so that leaves out a lot of well-known names. I think he'll go for a center to left-of-center justice with a solid background in the law to offset the Bush appointees. It will damned sure be someone who believes in the Constitution.

[book_worm]

6. John Edwards would be a good choice.

[jgraz]

7. If the Dems get a filibuster-proof majority, Obama should expand the size of the court

Increase the size to 11, or even 13 or 15 and banish the Fascist Four to the wilderness of obscure dissents.

[gkhouston]

11. Even if Obama could accomplish it (FDR tried and failed), it's a dangerous precedent.

I'd resist the temptation and hope one of the Fascist Four leaves an empty seat in the next 4-8 years.

[jgraz]

17. Oh, I'm just waiting for Fat Tony to kick it.

Just to warn all the faux-outrage empathy whores on DU: I'm gonna grave dance like nobody's business.

[gkhouston]

19. Honey, we'll have a conga line. n/t

[onenote]

26. not going to happen

That idea blew up in FDR's face and you can bet your life that it won't be tried again.

[smoogatz]

8. God. Good question.

I have no idea—usually these people come out of the relative obscurity of the federal court system, no? I think it'd actually be hard to make a case for Hillary as constitutional scholar; I'm guessing there are better choices out there.

[jgraz]

9. I hear God is busy.

Plus, there's that whole non-existence issue that would probably come out in the vetting.

[smoogatz]

10. There's a headline I'd like to see: "Republican minority filibusters God."

[hootinholler]

13. Tim Russert. n/t

[stuckinlodi]

15. Erwin Chemerinsky

THE Con Law expert in the country.

[State the Obvious]

22. I agree. nt

[PlanetBev]

24. Ditto that

Chemerinsky and Tribe or anyone else that would make Scalia's life miserable.

[meegbear]

16. Someone with law experience and other law experience related stuff ...

I would assume anyways.

[TBF]

18. Possibly Walter Dellinger or Kathleen Sullivan -

Dellinger might be a little old (born in '41) but he did work with Obama at Chicago and he's one of the pre-eminent Constitutional scholars. I've also seen Kathleen Sullivan suggested - she's at Stanford right now and she's younger. Prsumably there are younger justices out of the 9th circuit who would be good bets as well.

[Stinky The Clown]

21. Mario Cuomo

But I'm dreamer and stuck, to some degree, in time.

[LostInAnomie]

23. I know a lot of people are going to say Edwards or Clinton...

... but I really find such overtly political appointments distasteful. The Supreme Court is a place for solid legal reasoning and interpretation of the law and constitution. To plant justices with the express purpose of accomplishing political tasks completely misses the point of that branch of government.

It is alright to place justices that lean left, but don't put in ringers or hatchet men.

[onenote]

25. probably a judge from one of the federal court of appeals

or possibly a state supreme court justice. Possibly an academic, although somewhat less likely.

Least likely: an elected (current or past) politician