Wednesday, May 6, 2009
As this analysis on my other blog makes clear, people should not be getting too excited about President Obama's upcoming opportunity to make his first Supreme Court appointment. Replacing David Souter, who generally voted with the Court's more liberal members, is not likely to shift the balance of views of the Court. What we should be solely focused upon is the caliber of person to be appointed. Sadly, however, because most commentators are not qualified to opine on issues of constitutional law and interpretation, or of judicial quality and character, and because the politics of the Court will not change as a result of this appointment, what we are going to see instead will be far too much attention paid to superficial characteristics such as the gender and ethnicity of the candidates, and very little on the real issues.