Editorials

The Best Choice for the Supreme Court

Becky O'Malley
Sunday February 14, 2016 - 12:27:00 PM

While there’s still time, let’s consider the possibilities for President Barack Obama’s constitutionally guaranteed nomination for the U.S. Supreme Court. Everybody’s favorite senator, Elizabeth Warren, frames the decision perfectly:

"The sudden death of Justice Scalia creates an immediate vacancy on the most important court in the United States.

"Senator McConnell is right that the American people should have a voice in the selection of the next Supreme Court justice. In fact, they did — when President Obama won the 2012 election by five million votes.

"Article II Section 2 of the Constitution says the President of the United States nominates justices to the Supreme Court, with the advice and consent of the Senate. I can't find a clause that says "...except when there's a year left in the term of a Democratic President."

"Senate Republicans took an oath just like Senate Democrats did. Abandoning the duties they swore to uphold would threaten both the Constitution and our democracy itself. It would also prove that all the Republican talk about loving the Constitution is just that — empty talk."

This effectively demolishes the crocodile tears coming from those Senate Republicans. Now the only question is who the nominee should be.

I have a modest proposal.

If the Republicans continue to whine about being asked to advise and consent to President Obama’s choice, there is an alternative.

There’s one outstanding candidate who will be available soon:Barack Obama.

That’s right, an extremely well-qualified guy who will be out of a job soon. Among other things, he’s a member of an under-represented minority: Protestants.

He’s still pretty young and very healthy, so he’s likely to be around long enough to make a difference.

But can he appoint himself? That’s never happened, but we’d probably have to ask Senator/Professor Warren if it’s okay.

Here’s another alternative. If the Republicans continue on their snarky obstructionist path, in about eleven months Obama will be turning the presidency over to a successor, though until November we won’t know who the successor would be.

But between now and next January he could be absolutely sure of who the successor is, and it could be someone he could rely on to appoint him to the Supreme Court seat in which he would unquestionably shine.

If he resigned sometime, even as late as January 2017, under the Constitution he would be succeeded by Joe Biden, a great guy who’s always wanted to be president. Then President Biden would be free to appoint ex-President Obama to the Supreme Court.  

I can’t imagine a better choice. Obama has been a very good president, a president to be proud of. But he might be an even better supreme court justice, someone the country sorely needs.  

The prospect of this occurring might even help the Democrats push forward to try to regain the majority of the Senate, now that there’s so much on the line. Let’s start an Obama for Supremes movement.  

Petitions, anyone?