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M$1.00  Funded By Mahalo ? |  May 04, 2009 01:21 PM

Is it okay to nominate someone to the Supreme Court based on race, gender, and lack of experience?

"Senators Urge Obama to Look Outside the Box, Beyond the Bench for High Court Nominee. With Supreme Court Justice David Souter retiring this summer, Democrats in particular say the vacancy is an opportunity for President Obama to diversify the high court -- not just by choosing a woman or minority justice, but a candidate with a resume that includes something other than years on the bench." (see article)
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May 04, 2009 02:50 PM
Besides the obvious political purposes, there are good reasons of putting someone on the bench from different backgrounds. I think it is important to have a Supreme Court that is representational of America. Having 9 old white men is not representational.

I would be in favor of nominating a minority or woman to the bench. Coming from a different upbringing and belonging to different communities, they will often have different viewpoints that are important for behind the scenes SCOTUS debate.

Also, I don't think "lack of experience" is one of the things that the administration is looking for. It would be tough to argue that Chief Justice Roberts had a lack of experience, even though he was only 50 years old and had only served as a judge for four years. He just had different experience than other Justices had. That is exactly what Obama said he is looking for. Not somebody inexperienced, but somebody that has experience outside the bubble of appellate courts.


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May 04, 2009 02:02 PM
Yes but it could be risky. If you choose too young you could end up with somebody who changes there stance on issues important to your particular brand of politics. Bush II's appointee's were on average 5 years younger than Clinton. It could be a trend.

Good Luck with your search.
http://en.wikipedia.org/wiki/Supreme_Court_of_the_United_States

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May 04, 2009 02:22 PM
I think the appointment of younger justices is an attempt to keep your picks on the bench for a longer period of time, thus working to maintain your beliefs' support on the Supreme Court, not because people are looking for inexperience.

The suggestions seems to have been made to find a justice who has a different worldview from the standard justice, consistent with Obama's attempts to find solutions that work for the everyman rather than those with the silver spoons. The goal isn't to find a woman, or someone of a different race, but to find someone who isn't the normal part of the bureaucratic machine where justices often come from and who still has enough familiarity with the general population to fully account for how the decision made in the Supreme Court affect the public.

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