Wednesday, May 21, 2008

Another Trial Balloon... Supreme Court Justice

Besides Senate Majority Leader and Governor of New York, an Op-Ed in The Washington Post offers another suggestion on Senator Clinton's future: when the race is over, Senator Obama ought to declare that he will nominate Hillary Clinton to the Supreme Court if he wins the presidency. Since she is from the Senate, she would be confirmed without a problem.

This would end the discussion of her as VP, give her supporters a reason to support Senate Obama, and end the speculation about 2012. She could also continue her populist personae on the Court, which would balance out the corporate interests.

Of course, while she is very intelligent it seems that she would be better in the Senate because of her knowledge and love of policy, which may not translate to the Court or may further divide the Court (legislating from the bench). But she may desire this as she may have a difficult time in the Senate because of the campaign and, let's face it, a Supreme Court Justice is more prestigious and has more power over domestic policy than the Presidency.

3 comments:

harrogate said...

Well, it would definitely add to the sense of the theatrical.

Has a Presidential candidate ever specified who they wanted to name to the SCOTUS as part of a campaign?

solon said...

Not exactly. Most of the time, Presidential candidates just discuss the desired characteristics of justices.

During the 1950s, the Gov. of California endorsed Ike and, during his presidency, Eisenhower named Earl Warren as Chief Justice. Many speculate that a deal occurred because of Warren's support.

solon said...

Balkinazation has more on this subject, stating that this is not unprecedented and giving other examples.

Of course, he seems to be against the idea since her age (62 when appointed) counters the notion of appointing younger justices (in their 50s) so they can serve longer and have more influence. Also, if this were to occur, it would not be mentioned during the campaign because it may allow the conservative base to rally around McCain.