Obama Promises Activist Souter Replacement

by Stephan Tawney on Fri, May 1, 2009

The replacement must show “empathy” and not just a knowledge of the laws, you see. In other words, an activist judge who will dictate law from the bench rather than follow the Constitution. A law is insufficiently “fair” or “nice”? No problem, just rule in favor of “fairness” rather than what the Constitution says. Why let such an outdated document get in the way?

“I will seek somebody with a sharp and independent mind, and a record of excellence and integrity,” he said. “I will seek someone who understands that justice isn’t about some abstract legal theory or footnote in a case book, it is also about how our laws affect the daily realities of people’s lives, whether they can make a living, and care for their families, whether they feel safe in their homes, and welcome in their own nation. I view that quality of empathy, of understanding and identifying with peoples hopes and struggles as an essential ingredient for arriving at just decisions and outcomes.”

Speculation abounds as to whom the replacement will be. Don’t be surprised if we see Valerie Jarrett being considered. Jarrett is a friend and mentor of Obama’s, a lawyer, administration official, and black woman. She meets all of the qualifications set forth by Obama and it would be an opportunity to pay her back for her loyalty.

By the way, Specter’s switch may actually make Obama’s nomination process a bit more difficult. In order for a nominee to get past the Judiciary Committee, one member of the minority party must vote in favor of the nomination. Specter would’ve been that squishy vote, but he’s now a member of the majority. Obama will need one of the less squishy Republicans to side with his pick.

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