Causecast

by JESSICA WOLF, Contributing Writer

Speculation over who might be on President Obama’s shortlist to replace the Justice David Souter has been rampant since almost immediately after the Justice’s resignation. Obama is expected to make his announcement for a replacement as early as next week.

While this is a unique opportunity for Obama to make his mark on our judicial landscape, Obama’s pick will likely be at least as liberal as the departing Souter, which won’t upset the current court balance incredibly, but it’s also the thing that will keep detractors on the other side of the aisle determined to make the confirmation as difficult as possible.

Obama has indicated diversity is an important key to his potential pick, but one long shot name floating around the nomination belongs to white male Cass Sunstein, noted constitutional scholar. Given his background and his current status as Obama’s nominee for regulatory czar, and as a longtime associate/friend he’s likely to have some kind of input into the eventual pick.

As causes go, Sunstein is a vehement proponent of animal rights and gun control. He’s often critical of this little Internet thing we have going, though.

But Obama’s most-probable-candidate pool is dominated by women. You can even place bets on their nomination odds.

Governor Jennifer Granholm of Michigan—The first female Governor of Michigan is certainly in tune with the plight of the American worker, and Obama has said he wants to nominate someone who will keep everyday Americans in mind when interpreting the constitution that governs us. She’s also served as attorney general and general consul for Detroit’s Wayne County. She supports typical left-leaning, polarizing causes such as abortion rights and unions.

She’d be fresh blood on a court that hasn’t seen an appointee from gubernatorial office since 1953 when Dwight Eisenhower nominated then-California Governor Earl Warren as Chief Justice.

Judge Sonia Sotomayor—If nominated and confirmed, Sotomayor would be the first Hispanic-American to serve on the Court. Her appointment resume is rather uniquely bi-partisan, having been appointed to her first federal post by President George H.W. Bush and to the 2nd Circuit Court of Appeals by President Clinton.

What’s to like: Sotomayor has been widely quoted from a 2002 speech at Berkeley as saying that judges should not shy away from taking their cultural and racial experiences into consideration when making decisions. That might be a dicey statement to hear for anyone who idealizes a Supreme Court judge as a completely objective individual, but it’s also a brave and largely realistic perspective, and one that’s uniquely in line with the voice and personality of our current Commander-in-Chief.

Solicitor General Elena Kagan—The first woman to hold the job of Solicitor General. Her detractors call out her lack of experience, having never served on any judicial bench or argued a case before the Supreme Court. The first female Dean of Harvard Law School, she served as White House counsel during the Clinton administration.

What’s to like: By all accounts, she is bold, brassy and would be another dose of fresh blood to the Court. She’s smart, understands Washington, scholarly law and how large institutions operate.

Leah Ward Sears—The first woman ever to serve on the Georgia Supreme Court has also exhibited support for the rights of homosexuals to marry, having dissented from a ruling that would allow Georgia to vote on a ban of gay marriage and wrote the decision that struck down the state’s sodomy law.

What’s to like: Ward describes herself as a moderate progressive. She has state Supreme Court experience under her belt and her overall pro-gay position would especially support the gap Souter’s absence leaves for that cause.

Judge Diane Wood—A former faculty-member and associate of Obama’s at the University of Chicago, Wood has served on Chicago’s 7th District Court of Appeals for 13 years.

What’s to like: Wood is a noted antitrust and international law expert, which could be extremely important when presiding on the high court during a time of global economic turmoil and reconstruction.

President Obama himself is a constitutional scholar and no matter where his final decision lands, it’s likely our savvy president will also be keeping his shortlist on hand should another appointment opportunity arise during his tenure in office.