If there's one guy the Obama administration should be looking to for guidance on appointing a replacement for John Paul Stephens, its the guy who beat him to the exit door: David Souter. Souter, a total nerd and mama's boy from New Hampshire, was a pretty exemplary guy and justice. More than anyone, he abided and lived by stare decisis, meaning that he insisted on compelling evidence to overturn precedent. Not some bullshit about "the intentions of the framers," not some convoluted argument about how something wasn't fair to someone. He really lived and breathed the sanctity of the court. Even this nonsense about corporations being people thus eligible to give whatever they wanted to to campaigns that Alito and John Boy Roberts have foisted upon us. It's on the books now, he would argue we've got to respect it. And he voted on the correct but losing side when W ascended to office via a few hanging chads in 2000.
A judicial, if not political, conservative of this type would bring balance and stability to the court -- to some extent deligitimized by some of its recent decsions -- right now.
One other thing about Souter. You've gotta give the guy props for retiring at a reasonable age and going home to enjoy the rest of his life, rather than clinging to the bench.
Thursday, April 22, 2010
Advising on Supreme Court
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1 comment:
Sorry I missed your call for lunch. I'm now in LA for a conference. How about next week? Also, a Bulls game? Niklaus
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