Obama Talks Supreme Court Nomination With Senate

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Choosing a new Supreme Court Justice is a daunting task for any president, and the Obama Supreme Court pick to replace John Paul Stevens is an item of contention. President Obama has already begun discussing a replacement with the Senate for Justice Stevens. It is suspected Congressional Republicans will do anything up to getting paycheck loans to campaign against a liberal justice being appointed.

Obama Supreme Court pick and the litmus test

From the decision of Roe V. Wade, the litmus test for any Supreme Court nomination has been that case, or specifically, abortion. Par for the course is for the issue to be carefully treaded around during confirmation hearings. The President has made it clear he doesn’t care about that litmus test. His concern, from the Huffington Post, is that the Obama Supreme Court pick will be respectful of individual rights, including women’s. That could mean he wants a justice upholding Roe v. Wade without directly saying it, or it could not. Many litmus tests When anyone is nominated for public office, including for Supreme Court Justice, they get subjected to questions about certain issues, dubbed a litmus test. Often for judges it’s about abortion or Roe v. Wade. Additional buzzwords like “judicial activism,” “interpretation” and “legislating from the bench” usually get brought up concerning Supreme Court nominations. The answers given don’t indicate at all how a judge will decide on cases. For instance, Chief Justice Burger rarely ruled how people thought he would. At the time, the thought was that he would overturn Warren Court findings, which he didn’t.

Replacing Stevens will not be easy

Only 3 justices have served longer than John Paul Stevens. At 90 years of age, he is the last member of the Burger Court, having joined in 1975. It is unknown if an Obama Supreme Court nominee will take the bench in time for the fall docket, given the contentious air in Washington and that confirmation hearings can take more time that debt consolidation.

Sources

Huffington Post http://www.huffingtonpost.com/2010/04/21/obama-no-litmus-test-on-s_n_546139.html

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