Monday, May 4, 2009

The Highest Court in the Land


During the Obama Presidency he will likely get the opportunity to appoint three justices to the Supreme Court of the United States. It is his opportunity to have the greatest effect on the laws of this country years after he is no longer in office.And it is one of the reasons the Republicans fought so hard to keep him out of office.

The Supreme Court tarnished their image in the 2000 presidential election by going where they should have not gone and issuing a ruling that put GW Bush into the White House. To their credit they knew they were doing wrong and said that ruling can never be used to define constitutional law. It is an exception to the rule. What the Supreme Court does definitely defines the laws of this land. And that is why it should be beyond politics.

President Barack Obama was a constitutional law professor and I personally believe his picks for this high court will be above the political considerations but already the Republicans and Democrats are clamoring to have their say in this regard. They will have to confirm his appointment. And I frankly think that is the only control they should have.

For years appointees had to pass the litmus test - for or against Rowe vs. Wade. But Obama did not use that term when asked. But he mentioned empathy which has all the talking heads going in circles. Heart, guys. He wants a lawyer with heart for the bench. Now that is is going to be difficult to find but I think it definitely excludes most politicians.