Legal Commentary

The Compelling Case For Diane Wood

By Big Tent Democrat

Glenn Greenwald writes a very compelling case for Seventh Circuit Judge Diane Wood to sit on the Supreme Court. I'm convinced. Now, how to convince Obama? I think the tail end of Glenn's article makes the best case for why picking Wood to replace Justice Stevens is not only good progressivism but good politics:

What makes Wood so unique is that she combines her principled convictions with an extraordinary ability to secure the support of other judges for her opinions. Her creative and flexible intellect enables her simultaneously to stay within the confines of the law while finding the most equitable outcomes that attract a broad range of support. The 7th Circuit is one of the more conservative circuits in the country, yet Wood's influence on that court and her ability to induce right-wing judges to support her rulings is remarkable, an attribute particularly important for replacing Justice Stevens. It's impossible to provide anything close to a comprehensive assessment of her 15 years of written opinions in this regard, but a few illustrative cases can be highlighted.

Given the need to persuade Justice Kennedy (and I have been convinced by some smart people that in fact Kennedy is persuadable), this is a critical skill. But there is another political upside - putting forth an intelligent exposition of the progressive view of the law, and putting it to the test. In that sense, Greenwald's associate Daniel Novack makes a strong point:

Another point I'd consider adding is the message a Wood appointment sends versus Kagan. Appointing Wood is an affirmation that one need not check their values at the door in service of ambition. Wood is undoubtedly ambitious, but she clearly hasn't sacrificed her identity or beliefs for the sake of advancement. She is an affirmation of the best kind of meritocracy in America.

I would not endorse the critique of Kagan Novack provides on this point, but I do endorse the view that Wood has been a proud, effective, intelligent AND public proponent of progressive jurisprudence.

This matters a great deal.

In short, FWIW, I endorse Judge Diane Wood for the Supreme Court.

Speaking for me only

Full post as published by TalkLeft on April 19, 2010 (boomark / email).