- As headlined at NPR by Carrie Johnson: "Obama Looking For Justice Who Will 'Interpret' The Law, Not 'Make' It".
- At the same time, as headlined at the Wall Street Journal by Siobhan Hughes and Kristina Peterson: "GOP-Led Senate Judiciary Panel Won’t Hold Supreme Court Hearings on Obama Nominee".
Such a decision by those GOP Senate members also flies fully against the majority wishes of the American people. As noted in that same article:
"A Pew Research Center survey found 56 percent in favor of holding a hearing, compared to 38 percent who said the nomination should be the responsibility of the next president. And 62 percent of respondents in a Fox News poll said current leaders should “take action to fill the vacancy now,” compared to 34 percent who felt the president “shouldn’t get to nominate someone for a lifetime appointment … this late in his term.”"In our opinion, this would be a nice time for President Obama to nominate the conservative but juridically completely unassailable Judge Richard Posner, the most cited American legal scholar and jurist of our era, a President Reagan appointment to the 7th Circuit Court of Appeals, who has been passed over in previous Supreme Court nominations, and who in recent years has said that:
"I've become less conservative since the Republican Party started becoming goofy."For that quotation read Nina Totenberg at NPR in Federal Judge Richard Posner: The GOP Has Made Me Less Conservative.
Sadly, the above fabulously imaginable scenario of a Posner nomination is very unlikely to happen because, as headlined by Debra Cassens Weiss at the ABA Journal, Posner has "absolutely no desire" to join SCOTUS (acronym for "Supreme Court of the United States").
Posner has previously been quoted as saying:
"“First, I’m too old,” Posner said. “I’m 74 [that was in 2013] and they don’t appoint people my age.... ”I don’t think it’s a real court. I think of it as basically … it’s like a House of Lords. It’s a quasi-political body. President, Senate, House of Representatives, Supreme Court. It’s very political."Under the present "political" circumstances, however, Posner might just be the right man to put in the limelight as a Supreme Court Justice nominee, which might help greatly by the ensuing public discussion to bring people in America back to a saner view of the basic requirements of their political system as inscribed in the Constitution. We imagine that Posner would make legal mincemeat out of the present Senate Judiciary Committee position.
The people of America need to learn that Supreme Court Justices should not be political puppets of special interests in Congress. Rather, their job is to uphold the Constitution of the United States, politics notwithstanding.
Of course, if President Obama were to nominate someone who is quite clearly a "political" left-leaning nomination, then he will only add flames to the fire. Plus, what potential candidate would want to be put into that conflagration. Hence, Obama would be well-advised to nominate someone whose conservatism is unquestioned. Posner would be just the man.
With Posner as the nominee, the Judiciary Committee would be hard pressed to stick to their "no hearings, no vote" position. They could not be THAT stupid -- but we have been wrong before, and this seems to be a very "goofy" group of Senators.
Ultimately, maybe this "Group of 11" would just sail off into the sunset, having lost face completely. America would not be the worse off for it.