Stevens Resigns; Political Posturing Begins

In a follow up to a story posted earlier this week  Supreme Court Justice John Paul Stevens has indeed handed in his resignation to President Obama. Though the administration has an opportunity to shape the court for years, it is likely that the President will be wary of selecting someone with well-known and publicised partisan views in anticipation of potentially strong pushback from the 41-seat Senate Republican caucus.

Though President Obama and his advisors would no doubt like to pick from a pool of candidates that represent views in lockstep with theirs, political considerations are often one of the main factors in such decisions. This has particularly been true in recent years with Court appointees facing higher levels of scrutiny than in the past as more information on their views is readily available and as partisanship fuels what is often vitriolic and idealogical questioning rather than reasoned analysis over qualifications. Among the previously noted frontrunners, many feel that moderate-left candidates Solicitor General Elena Kagan and Judge Diane P. Wood of the U.S. Court of Appeals for the 7th Circuit are least likely to face strong opposition, making them, in addition to their qualifications, attractive candidates.

Some hot buttons likely to be covered during the confirmation hearing of whoever is ultimately appointed include campaign finance, prisoner rights issues, particularly for those convicted of terrorist activities, and potentially entitlements programs such as healthcare. Regardless of whether these topics, and others, are appropriate in confirmation hearings, parties often engage in political statement-making when the stakes are so high for an appointee. In a political environment like today's, upcoming judicial confirmation hearings are not likely to be any different.