Litigation

Politics Taking a Back Seat in Supreme Court Search?

By Peter Hardin

In the realm of Supreme Court nominations, here’s an unconventional story: An expert Supreme Court watcher now suggests that the Obama administration seems intent on choosing a successor to retiring Justice John Paul Stevens based on factors other than the politics of the Senate or of midterm elections.

Tom Goldstein writes in a post for SCOTUSblog, which he founded, that the political landscape has changed since he gave an  analysis in February. At that time, he named the three individuals who have been widely identified since Justice Stevens’ announced retirement as frontrunners. He pronounced Solicitor General Elena Kagan the most likely choice of the Obama administration.

Now, Goldstein says, his earlier view was premised at least in part on thinking Kagan would make the “best political fit.” But the political landscape has changed, with passage of health-care  legislation and also the floating of a short list of Supreme Court candidates’ names, followed by a “muted” reaction from Senate Republicans.

His post, headlined “Selecting Stevens’ Successor: Politics recedes as a critical factor,” asserts other factors dominate now:

“The upshot is that the Administration seems focused on making the choice between these three candidates…based on which nominee best embodies the President?s vision of a Supreme Court Justice and will have both an immediate and lasting impact on the Court, as well as which one sends the best message to the country about the President?s priorities.”

Given that revised framework for judging, Goldstein still ranks Kagan as more likely a pick than appeals court Judges Diane Wood and Merrick Garland. Goldstein, a lawyer, typically does a lot of digging, and he explains his reasoning in an intriguing commentary. You can read earlier articles about the nominations process in Gavel Grab, and keep updated by checking out the Justice at Stake’s “Replacing Justice Stevens” page.

Full post as published by The Gavel on April 27, 2010 (boomark / email).