American Supreme Court Idol

Back during the election, one of the big issues that received only minor attention was the fact that so many of the Supreme Court justices were getting really, really old. There was rampant speculation that the person who won the race for President during the 2008 election cycle would have the chance to hand-pick up to three Supreme Court justices during their term. Many Religious Conservatives saw this as a means of overturning the Roe Vs. Wade decision that legalized abortion in the US, if only they could get a republican elected. Many Social Liberals saw this as a chance to shore up what they saw as eroding Constitutional freedoms and extend Constitutional protections, whether explicit (spelled out) or implicit (assumed rights extrapolated by the courts to cover holes in the fabric of Constitutional freedoms), if only they could get a Liberal elected.

In the end, the Liberals got their man. The question now is: what happens next? Conservatives have railed against "Activist Judges" whom they accuse of abusing the power of the courts to create law as they see fit, without regard for the letter of the Constitution, while Liberals have lamented what they see as the gradual destruction of the rights of the individual citizen (see: The Patriot Act). Each side wants to see someone who shares their Constitutional views picked to replace the next retiring judge, and both will fight tooth and nail to see that they get what they want.

Remember folks: these are lifetime appointments. While some Justices do indeed choose to retire, many serve until they drop dead. This means that a Justice who opposes the views of one party or the other becomes a serious threat to the ability of a President or legislative body to erect those views into legal precedent.

So grab a drink, sit back, and get ready to see some fireworks during the course of the selection and confirmation process to replace Justice David Souter.


- V.