tag:blogger.com,1999:blog-1522121129844880066.post2271865911883602076..comments2023-10-24T11:23:31.580-04:00Comments on Le·gal In·sur·rec·tion: Which Seat Would Cass Sunstein Fill?William A. Jacobsonhttp://www.blogger.com/profile/16433685588536441422noreply@blogger.comBlogger9125tag:blogger.com,1999:blog-1522121129844880066.post-29644730502826801562009-05-13T05:01:00.001-04:002009-05-13T05:01:00.001-04:00Obama should have enough political cover not to ap...Obama should have enough political cover not to appoint a descriptive representative. Hispanics voted for Obama at a 2-1 clip, as did gays. Why would he need to appoint someone from those demographics if his support from them is already solid? Where would those demographics turn to if Obama didn't nominate a Hispanic or gay-friendly justice? <br /><br />So, which demographic does Sunstein fit into? Well, my thinking is that two demographics that have been disappointed with Obama are the far left intellectuals and Wall Street. The elite. From Obama's takeover of major sectors of our economy and vilifying of the rich to his continuation of many of Bush's policies regarding torture, these two very important groups seem to be the ones who require the most coddling in a SCOTUS appointment. I think Sunstein (or someone like him) fits this demographic quite well.Stephen A. Nuñohttps://www.blogger.com/profile/02625010125484313880noreply@blogger.comtag:blogger.com,1999:blog-1522121129844880066.post-30110272186850441212009-05-13T00:20:00.000-04:002009-05-13T00:20:00.000-04:00Dr. Jacobson, I do not dispute that, the need for ...Dr. Jacobson, I do not dispute that, the need for demographic diversity raises an interesting question.<br /><br />If President Obama were to nominate a woman to the Court I would lean toward Solicitor General Kagan or Judge Diane Pamela Wood from the Seventh Circuit<br /><br />1. SG Kagan by virtue nof her position cannot be excluded because, Chief Justice Taft and Associate Justices Reed, Robert Jackson, and Thurgood Marshall occupied the pposition piror to their elevation to the Court.<br /><br />2. Judge Wood may also be a leading candidate as member of the Seventh Circuit which includes the President's home state.<br /><br />Conversely if Preident Obama nominates a minority Justice regardless of gender, then I would add Attorney General Eric Holder to the list because, Chief Justice Taney and Chief Justice Stone served as AG's prior to their nominations. Additionally, Associate Justices Clifford, McKenna, Moody, McReynolds, Murphy, Robert Jackson, Tom Clark served as AG prior to their elvation to the Court. Also it should be noted that Edwin McMasters Stanton a former AG was confirmed by the Senate but died before being sworn in as a justice. <br /><br />Although being AG does not impart an absolute certainty of confirmation as illustrated by the failed nominations of John Jordan Crittenden, Jeremiah Sullivan Black, Henry Stansberry, Ebenezer Rockwood Hoar, Caleb Cushing, and Robert Bork.NJZimmermannhttps://www.blogger.com/profile/17472021826347943575noreply@blogger.comtag:blogger.com,1999:blog-1522121129844880066.post-35458345173711058902009-05-12T08:12:00.000-04:002009-05-12T08:12:00.000-04:00ChessNovice - but to achieve demographic diversity...ChessNovice - but to achieve demographic diversity, it is hard to see a place for Sunstein or any male nominee. Assuming Ginsburg retires and is one of the three total spots to be replaced, appointing three women to the court will be necessary just to get to a 6-3 ratio. Additionally, Sunstein does not have any ethnic or racial component which would add diversity. So intellectual diversity and his other persuasive attributes are his only chances.William A. Jacobsonhttps://www.blogger.com/profile/16433685588536441422noreply@blogger.comtag:blogger.com,1999:blog-1522121129844880066.post-11889723120761903362009-05-12T00:29:00.000-04:002009-05-12T00:29:00.000-04:00President Obama will have more than one opportunit...President Obama will have more than one opportunity to fill a seat on the high court.<br /><br />Only four justices served on the court past their eighty-fifth birthday.<br /><br />1. Justice Holmes retired at the age of ninety on January 12, 1932 after twenty-nine years of service.<br /><br />2. Justice Stevens is eighty-nine and has served on the court since December 19 1975, on December 19, 2009 Justice Stevens will complete begin his thirty-fourth year of sevice.<br /><br />3. Chief Justice Taney served on the court for twenty-eight years before dying in harness on October 12, 1864 at the age of eighty-seven.<br /><br />4. Justice Black, served on the court for thirty-four years before retiring on September 17, 1971 at the age of eighty-five. He died eight days after retiring.<br /><br />Assuming Justice Stevens wishes to eclipse the age record set by Justice Holmes and the tenure record set by Justice Douglas he must serve until February 24, 2011 and July 15, 2012 respectovely. In either case President Obama will be afforded the opportunity to appoint his successor. Sunstein would be a worthy successor to Stevens and a good companion for Justice Breyer and Ginsburg providing excellent foils for the Chief Justice and Justice Scalia and Alito while providing a continued coherent response from the liberal side of the bench.NJZimmermannhttps://www.blogger.com/profile/17472021826347943575noreply@blogger.comtag:blogger.com,1999:blog-1522121129844880066.post-19532705721066925492009-05-11T23:44:00.000-04:002009-05-11T23:44:00.000-04:00You will have to pardon me if I don't get too outr...You will have to pardon me if I don't get too outraged over Cass "Second Bill of Rights" Sunstein being hoist with his own petard.Unknownhttps://www.blogger.com/profile/03802279264403829396noreply@blogger.comtag:blogger.com,1999:blog-1522121129844880066.post-78839936997682781642009-05-11T17:59:00.000-04:002009-05-11T17:59:00.000-04:00I just heard on CNN that our illustrioous DHS secr...I just heard on CNN that our illustrioous DHS secretary is the leading candidate.<br /><br />That will make the Gay lobby wet their nappies. But she seems like a complete dolt in her current job.mrbillhttps://www.blogger.com/profile/03842823690178615775noreply@blogger.comtag:blogger.com,1999:blog-1522121129844880066.post-53664984338503468342009-05-11T13:11:00.000-04:002009-05-11T13:11:00.000-04:00Thanks for the catch.Thanks for the catch.William A. Jacobsonhttps://www.blogger.com/profile/16433685588536441422noreply@blogger.comtag:blogger.com,1999:blog-1522121129844880066.post-50537090296645829662009-05-11T13:07:00.000-04:002009-05-11T13:07:00.000-04:00Sorry to be a quibbler, but it's "shoo-in," not "s...Sorry to be a quibbler, but it's "shoo-in," not "shoe-in." In its original meaning, it referred to a horse-race that was rigged such that all that had to be done was to "shoo" the winner across the finish line.John Stodderhttps://www.blogger.com/profile/14185881995621265497noreply@blogger.comtag:blogger.com,1999:blog-1522121129844880066.post-42082842075117607812009-05-11T10:42:00.000-04:002009-05-11T10:42:00.000-04:00well, let's not allow the fact that sustein is sel...well, let's not allow the fact that sustein is self-interested to obscure the fact that he is making sense. The entire idea of the diversity argument is that if you put together alot of different races, genders etc. you will get different views. But what ends up happening in reality is you get a rainbow of liberal voices, who only vary in whether they are to the left or right of marx. Diversity of people was supposed to result in diversity of viewpoint, but in fact the left hates diversity of viewpoint.<br /><br />Except it won't actually work anyway. You can't create liberal and conservative seats on the supreme court and expect any future president to honor that distinction. But sustein would make much more sense in the context of, say, university admissions.A.W.https://www.blogger.com/profile/10876021589516844048noreply@blogger.com