May 6, 2009

How About a Supremely Surprising Court Pick?

 

As all-powerful as the U.S. Supreme Court has been in shaping our society, it is usually ignored by we the people whose actions are controlled by its interpretations of the rules. In large part, that's due to media indifference to any story that can't be told in news snippets.

Only when it deals with abortion or when it helps steal a presidential election do we pay attention. Or when someone leaves the court.

That's when the various interest groups can end their years-long hibernations and raise big bucks for the fight over a replacement.

Thanks to outgoing David Souter, the games over who is incoming can begin, starting with the candidates and the uninformed speculation about them.

We've seen the latest menu of those we've guessed are on President Obama's short list. But what do we really know?

Even though Souter is a guy, one thing we know is that the president damned well better pick a female replacement, or there are going to be an awful lot of angry women in this country, not the least of whom would be Michelle.

Sure enough, most of the speculation involves that side of the gender gap. But they're still somewhat predictable, what with their track records of compatible legal philosophies. And there is certainly no longer a shortage of accomplished women in law as well as minorities. Law firms, in fact, now go out of their way to seek out what the Human Resources people call "Two Fers". Finally. Still, the Supremes are way behind. We need more females and people of color wearing those robes.

We don't need to be so limited to such short lists. We must not overlook the chance of a surprise. Presidents love to come up with someone not part of the consensus guessing. Accordingly, let's check out some of the many others who might be worth considering – some, in fact, that might go beyond "surprising" to "startling".

That could certainly include Oprah Winfrey. Instead of "You gotta be kidding", think "Why not?" Who better to satisfy President Obama's "empathy" preference? She's a she, a minority, an Obama supporter in the campaign, as we remember. In other words, she pushes all the buttons. 

True, she's not a lawyer. But you don't absolutely have to be. All the Constitution requires is ". . . good Behaviour". There are many who believe that not being an attorney would be an advantage when it comes to good behavior.

If you're still suffering, though, from that legal professional hang-up, here's another name that is absent from the predictions. She is a lawyer, an Ivy-leaguer, minority, very popular and close to Mr. President. 

By now you've probably figured out I mean the aforementioned Michelle Obama. While there are clearly a few naysayers who might raise some "separation of powers" issues, it's not the first time the First Lady has gone on to a high office.

Which brings me to Hillary Clinton. After her "wife-of" gig, she's gone on to be a senator and Secretary of State, and might have been president herself if she and her advisers hadn't so badly blown it. While there's no way to ever confuse her as a person of color, let's not forget she's married to the man who used to be called "The First Black President". At least until his comments in the last election.

Hillary's an attorney, although most of her professional work came as a small-town lawyer. For those who say she wouldn't want to be on the Supreme Court because she might want to take another stab at president, it should be pointed out she could always resign as a Justice.

All three of these women have unique stories, which would definitely mean that the confirmation hearings would be a lot more entertaining than the bombastic same-old-same-olds we've come to expect.

Before you dismiss these names as too far out there, let's not forget that the new member of SCOTUS will be replacing someone, whose selection by President Bush the 1st inspired a nearly universal response: "Who the hell is David Souter?". At least we've heard of these three.

Maybe they could do it part-time. Being an Associate Justice isn't all that heavy a load. Most of the hard work is done by the paid interns they call "clerks".

So Oprah could continue her TV show, Michelle could still spend time with Bo and the vegetable garden, and Hillary – maybe she could stay on as Secretary of State. She's appointed a bunch of special envoys. They can do the heavy lifting of the world's hot spots while she does the court thing.

As usual, skeptics will belittle each of these possibilities, but all three have one huge advantage. The media would finally pay attention to the Supreme Court. Which might mean people would understand just how important the judicial branch of government is.

Or am I being too optimistic?