My Supreme Court Fantasy

One of my friends asked if she would go to hell because she was glad that Antonin Scalia was dead.  I have mixed feelings.  First, I’m very sad for his family as sudden death is always difficult.  On the other hand, I am happy he is no longer a factor on the Supreme Court.  Justice Ruth Bader Ginsberg wrote on the the nicest tributes I’ve seen.  This is from Vox.

So it’s no surprise that of all the tributes to Justice Scalia, who died Saturday of an apparent heart attack at the age of 79, Justice Ginsburg’s is uniquely moving. It’s a tribute to Scalia as an interlocutor, a fellow opera lover — including a reference to the opera Scalia/Ginsburg: A (Gentle) Parody of Operatic Proportionswhich debuted in 2015 — and a “best buddy.”

Toward the end of the opera Scalia/Ginsburg, tenor Scalia and soprano Ginsburg sing a duet: ‘We are different, we are one,’ different in our interpretation of written texts, one in our reverence for the Constitution and the institution we serve. From our years together at the D.C. Circuit, we were best buddies. We disagreed now and then, but when I wrote for the Court and received a Scalia dissent, the opinion ultimately released was notably better than my initial circulation. Justice Scalia nailed all the weak spots—the ‘applesauce’ and ‘argle bargle’—and gave me just what I needed to strengthen the majority opinion. He was a jurist of captivating brilliance and wit, with a rare talent to make even the most sober judge laugh. The press referred to his ‘energetic fervor,’ ‘astringent intellect,’ ‘peppery prose,’ ‘acumen,’ and ‘affability,’ all apt descriptions. He was eminently quotable, his pungent opinions so clearly stated that his words never slipped from the reader’s grasp.

Justice Scalia once described as the peak of his days on the bench an evening at the Opera Ball when he joined two Washington National Opera tenors at the piano for a medley of songs. He called it the famous Three Tenors performance. He was, indeed, a magnificent performer. It was my great good fortune to have known him as working colleague and treasured friend.

So my fantasy is imagining Justices Ginsburg, Sotomayor, and Kagan joined by a Justice Amy Klobuchar.  What a quartet that would be!

Patrick Condon writes in the Minneapolis Star Tribune

U.S. Sen. Amy Klobuchar is likely to mix it up in the coming political brawl in Washington around replacing Supreme Court Justice Antonin Scalia, and not just because her own name has again surfaced as a potential high court nominee.

Klobuchar

Klobuchar sits on the Senate Judiciary Committee.  This can be a plus because she has worked with all the Republican members.

Obama said late Saturday that he intends to try to fill the vacancy “in due time.” It is already shaping up to be an epic battle as Obama has been handed the rare chance to swing the ideological balance of the court, where Scalia served as one of the most reliably conservative voices in the 5-4 majority.

As Republicans who control the U.S. Senate vow to block Obama, the president will look for judiciary committee allies like Klobuchar and Franken. But Klobuchar, an attorney and a former elected prosecutor, may first be considered as a prospect.

“I think there’s a bunch of reasons she makes sense,” said Norman Ornstein, an expert on Congress and U.S. politics at Washington’s American Enterprise Institute, who was touting Klobuchar’s case on Twitter over the weekend. “I think there’s a substantive argument for her, and a political argument for her.”

Ornstein said by choosing a U.S. senator, Obama could make it a harder for Senate Republicans to block a trusted colleague for the entirety of 2016. And he suggested it might be a good time to reverse the recent presidential trend of only picking judges.

“There was a long tradition of selecting people who had been in public life, gone through elections and served in legislatures or executive office,” Ornstein said.
 Chief Justice Earl Warren and retired Justice Sandra Day O’Conner are two examples cited.
President Obama may ultimately decide that Klobuchar is too political an appointment and we don’t know if she would even be interested, but I can dream of the Mighty Four on the Supreme Court.
Photograph:  Twitter.com

Sotomayor: Day One

It was the first day of confirmation hearings for Sonia Sotomayor.  She didn’t get to say much and it is a good thing she has all that experience on the bench where she learned to listen because the Senators all got to make opening statements.  And when she did speak, she was short and to the point as she talked about her background and her judicial philosophy “assuring senators that she believes a judge’s job “is not to make law” but “to apply the law,” as the two parties used her nomination to debate the role of the judiciary.”

Al Franken made his debut as a Senator,

As most of you know, this is my fifth day in office,” he said, as a few people laughed. He then turned somber, saying that he took his oath of office very seriously.

I thought he was clearly a little nervous as he said he represented the common person, the one who is not a lawyer.

But the real kicker was Senator Jeff Sessions.  I think he resented the fact that he never made it though his district court nonination hearings and now had to be the ranking Republican on a Judiciary Committee about to confirm an Hispanic woman to the Supreme Court.  He came off as a bitter, sour old white guy.

Eugene Robinson writes in this morning’s Washington Post

The only real suspense in the confirmation hearings for Supreme Court nominee Sonia Sotomayor is whether the Republican Party will persist in tying its fortunes to an anachronistic claim of white male exceptionalism and privilege.

Republicans’ outrage, both real and feigned, at Sotomayor’s musings about how her identity as a “wise Latina” might affect her judicial decisions is based on a flawed assumption: that whiteness and maleness are not themselves facets of a distinct identity. Being white and male is seen instead as a neutral condition, the natural order of things. Any “identity” — black, brown, female, gay, whatever — has to be judged against this supposedly “objective” standard.

Thus it is irrelevant if Justice Samuel A. Alito Jr. talks about the impact of his background as the son of Italian immigrants on his rulings — as he did at his confirmation hearings — but unforgivable for Sotomayor to mention that her Puerto Rican family history might be relevant to her work. Thus it is possible for Sen. Jeff Sessions (R-Ala.) to say with a straight face that heritage and experience can have no bearing on a judge’s work, as he posited in his opening remarks yesterday, apparently believing that the white male justices he has voted to confirm were somehow devoid of heritage and bereft of experience

Amy Klobuchar captured the diversity issue in a different way in her statement as quote in the New York Times live blog on the hearings

In describing their varied experiences, Ms. Klobuchar notes that sitting near her is Senator Whitehouse, who grew up in Laos and Cambodia as the son of a diplomat while she worked as a carhop at the A&W Root Beer stand. In addition, she pointed out, while Senator Hatch is a gospel music songwriter, Mr. Leahy is quite the Dead-head and once had difficulty taking a call from the president because he was onstage at a Grateful Dead concert.

Eugene Robinson again

The whole point of Sotomayor’s much-maligned “wise Latina” speech was that everyone has a unique personal history — and that this history has to be acknowledged before it can be overcome. Denying the fact of identity makes us vulnerable to its most pernicious effects. This seems self-evident. I don’t see how a political party that refuses to accept this basic principle of diversity can hope to prosper, given that soon there will be no racial or ethnic majority in this country.

There is, after all, a context in which these confirmation hearings take place: The nation continues to take major steps toward fulfilling the promise of its noblest ideals. Barack Obama is our first African American president. Sonia Sotomayor would be only the third woman, and the third member of a minority group, to serve on the nation’s highest court. Aside from these exceptions, the White House and the Supreme Court have been exclusively occupied by white men — who, come to think of it, are also members of a minority group, though they certainly haven’t seen themselves that way.

Judging from Monday’s hearing, some Republican senators are beginning to notice this minority status — and seem a bit touchy about it.

Sotomayor confirmation hearing

Day Two, coming up.