By Robert S. Siegel
President Obama campaigned for president on his ability to build bridges, to bring opposing sides together. Justice Souter’s retirement provides President Obama the opportunity to demonstrate this bipartisanship.
On Friday the President told reporters that among the qualifications he will look for in a justice are, “Someone who understands that justice is …about how our laws affect the daily realities of people’s lives. I view that quality of empathy, of understanding and identifying with people’s hopes and struggles, as an essential ingredient for arriving at just decisions and outcomes.”
These are the statements that got Mr. Obama elected. The voters that put this President into office are thrilled to have the qualities of “empathy,” and “understanding,” and “Identifying with people’s hopes and struggles,” as qualifications of the next justice.
These are not qualifications that appeal across the aisle, however. Fortunately for the cause of bipartisanship, the President also said that he wants a justice “Dedicated to the rule of law, who honors our constitutional traditions, who respects the integrity of the judicial process and the appropriate limits of the judicial role.”
The President could demonstrate his wisdom by retaining all the above criteria and not giving in to constituents demanding the President, “Give no quarter,” by selecting a far left leaning justice. The separation of powers in the Constitution should be maintained vigorously when your party is in power for the day when your party is out and appointing a justice dedicated to ruling based on law, and guiding legislators to do their task through opinions will create an honorable legacy of a bridge building president; a president of the entire nation, not half.
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Yeah, well, if Obama doesn’t choose some right-winger he will be crucified, so this is a no-win situation for him, except that a liberal or moderate SCOTUS judge will help Obama’s mission (tho not his image).