Replacing Stevens is Risky for Obama
Steve Adubato, Ph.D.CBS 2 Political Analyst
Justice John Paul Stevens has announced his retirement, which presents a tremendous opportunity for President Barack Obama to name another justice to the Supreme Court. Justice Stevens came to be one of the more liberal members of the court since he was nominated in 1975 as a centrist jurist by then President Gerald Ford.
Obama would probably like to name a judge who is just as liberal as Justice Stevens, but it may not be that easy. Times have changed since Stevens was nominated and politics play a much bigger role in the Supreme Court nomination process than ever before. If the President names a judge that is seen by most Americans as too far to the left, it is going to be a problem for him and the Democrats. Already, the Obama Presidency has been branded as very much in favor of big government expansion and, at times, has been seen as too soft when it comes to dealing with terrorists and suspected terrorists.
Simply put, the President is seen by many as too far to the left, regardless of whether he actually is or isn’t. Therefore, it would behoove President Obama to name someone to replace Justice Stevens who is a moderate on social issues as well as sensitive issues dealing with the rights of accused criminals or those who would be enemies of our country.
Most Americans are not in the mood for singing Kumbaya and obsessing over the rights of defendants. It’s not just a “post-9/11” thing; part of it is the healthcare issue. The mood of the country is shifting more to the right—not necessarily Republican, but more to the right. Obama needs to understand that and not just pick a jurist who he likes from a legal or ideological point of view. He has to pick someone who can be easily confirmed and someone who Republicans will have a hard time branding as a “left leaning judge.” They may do that no matter who the President nominates, but he can’t make it easy for them or it will only make the lives of Democrats more miserable in the upcoming mid-term elections.
Yes, it’s the President’s choice as to who he nominates to the Supreme Court. And, in many ways, this is the most sensitive and complicated judicial decision the President will ever make. He should choose wisely and carefully, because the future of his presidency and the Democratic Party will be greatly affected.
