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Edited on Fri May-01-09 02:58 PM by ChairmanAgnostic
Rather than to list a bunch of names that few of us know, even those of us in the profession, I'd like to list a few attributes of the kind of person I would like to see nominated and appointed.
Intellect. The reason why the ultra right hates educated, literate and intelligent people is because hand in hand with liberal ideas, there sits intelligence. Not 100% true, not a guarantee, and not an absolute, but it is true enough that intellect is key, especially for the complex ideals, ideas, and theories that a Supreme Court justice must digest, understand, and upon which he/she will rule. To be sure, there have been some brilliant scholars, who we might call conservative. Yet, those same kind of judges used their intellect to create and expand rights which we now all take for granted. (Almost. It is harder to say that after 8 yrs of Bush) I, for one, would put brains on the top of my list. I would trust a truly smart person to think past ideology and rule in a way that is best for all of America
Integrity. Both sides, over the century past, have indulged in payback and placing friends in the Court, instead of placing the best and the brightest. FDR had a few squirrelly choices. GHW Bush did too. And not all of Clinton's lower court choices were the best possible. George W's choices were, with 10-20 exceptions, horrific. Bybee represents that class far more accurately than most people know. Some others on the bench because of W have a problem with integrity and place ideology far ahead of law, the rule of law, or legal reasoning.
Legal knowledge. This is a distant third, not because I don't value it, but because most people who will be considered by Obama will have more than sufficient legal knowledge, meaning that I won't have to worry about that too much. However, I hate the idea that the East and West Coast seem to have a lock on the Supreme Court or Appellate courts, simply because of their Harvard, Yale, Stanford or other similar ties. There are plenty of extremely knowledgeable, talented, even brilliant, people who ahve sufficient knowledge. PLus, getting away from the same schools would be a breath of fresh air, something any body needs from time to time.
Ethics. Hah. As if we could ignore this. Yet, after eight long, politicized and ugly years, we forget the basics. The KEY BASIC necessity for a judge, especially one on the top bench is ethics. Personal, professional, and legal ethics. It takes some effort for people to achieve a life time of that. Accidents do happen, and bad situations arise without your actively being involved. That should not discount such experience, to the contrary, how a person deals with adversity says a lot more about one than having a lily white history, with everything handed to you on a platter. I simply say that a clean sheet does not make the most ethical person. Adversity and a history that raises questions may actually be better than never having been forced to make an extremely hard choice.
Sex. I would prefer a woman, but that is not mandatory. A supreme court for all the people should represent all the people. An old man's white club, plus one silent lackey does not represent our country.
Race. Chinese, Japanese, Korean, Nigerian, Cuban, Mexican, Haitian, Venezuelan, South African, african american, . . . We have plenty of Americans to choose from, all of whom would have a peculiar, particular, and perfect background that would offer great insights into America's legal issues. While important, Race and Sex must take a second tier to Intellect, Integrity and Legal Knowledge. That does not mean they are not important.
Age. Youth is one element that is seriously missing from the Court, except for Roberts. The problem with Roberts, or should I say, the PROBLEMS with Roberts are many, and his relative youth is a danger to us. To counter that, we need an energetic, modern, younger, yet experienced person who understands the task facing a Supreme Court Justice.
Sexual preference. I don't care. That is, and should be, the judge's personal, private and never publicized issue. We have gay conservatives, and straight liberals. Making a choice simply on this issue would not serve us well.
Which is the most important facet for you in a supreme court choice?
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