Who Will Be the Next David Souter?

Souter- courtesy of President George HW Bush (Republican)




Stevens- courtesy of President Gerald Ford- Republican




Warren- courtesy of President Dwight Eisenhower-Republican


With David Souter stepping down from the Supreme Court, there isn't much we conservatives can do about his replacement except hope that he (Obama) will do what George HW Bush did when he picked Souter-be fooled.

That is exactly what happened when the elder Bush-upon the advice of John Sununu-elevated Souter from obscurity in New Hampshire to the highest court in the land. What Bush and Sununu were thinking is still anybody's guess, but safe to say, it was one of Bush's biggest goofs as president. Souter's selection goes down in the annals of Republican infamy alongside those of Ford's selection of John Paul Stevens and Eisenhower's selection of Earl Warren to the Supreme Court-the latter of which Eisenhower publicly rued. Souter couldn't have been any more liberal had he been nominated by Jimmy Carter.

It shouldn't take long for Obama to announce his pick. His team has long known that he would likely have two or three picks for the Supreme Court. He, of course, has been coy in his previous statements about what kind of justice he is looking for, but we all know he will pick a liberal-very likely a woman. Since Souter himself is a liberal, the immediate make-up of the court won't be affected, but assuming he picks someone younger than Souter, this liberal slot will likely be secured for several decades into the future.

What can we expect the Republicans to do in opposition? Not much. First of all, the numbers preclude any serious opposition. Even if they could, should they resort to the low-life tactics that the Democrats regularly employ in opposing judicial nominations? Some (like Sean Hannity) say Obama's nominees should get the same treatment that Republican presidents did. More likely, assuming there is no outrageous nominee from an ethical point of view, I expect the Republicans will try to shine the public spotlight on what a judge should be and afford the nominee an up or down vote.

In case there are people out there who still don't know it, this will illustrate just how much presidential elections have consequences. Once again, President Obama is going to have a chance to drastically shape the future of the country.