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December 08, 2008
It's About The Judges
As the nation awaits the arrival of a Barack Obama administration, much attention has been given to the incoming president's cabinet selections and possible remedies for the ailing domestic economy. How Obama fills out his cabinet and White House staff, and specific policy goals he may pursue with large majorities in both houses of Congress are vitally important to be sure.
It is with judicial appointments, however, where Obama can arguably make his most lasting impact on the federal government. Many have speculated on potential Obama appointees to the U.S. Supreme Court. It is thought likely that two of the court's left-leaning judges -- John Paul Stevens and Ruth Bader Ginsburg -- are likely to retire on the new administration's watch. Of course, other retirements or unexpected exits are possible, and with a closely divided court Obama's appointments will be critical to the future direction of the nation's highest court.
Often overlooked, however, are the many more lower court appointments Obama is likely to make and which will have a larger overall impact on the federal judiciary. After all, the overwhelming majoirty of cases never reach the Supreme Court. Rather it is at the district and appellate court level where most decisions are made. Furthermore, like Supreme Court slots, lower federal court appointments are lifetime jobs, so district and appellate court picks affect these courts for decades.
In today's Washington Post, Jerry Markon examines the politics of the federal bench. The federal judiciary has tilted decidedly more conservative on the Bush administration's watch, which is unsurprising. Obama will have an opportunity to reverse the tide, and he is expected to do so. And while the Democratic majority in the U.S. Senate (where all federal judicial nominees must be confirmed) will fall short of being fillibuster proof, having 58 or 59 votes will make confirmation of Obama nominees much easier than having a one or two seat majority.
Check out the article -- it's a good read. It is clear that Barack Obama will be in a strong position to undo some of the far-right extremism that George W. Bush has forced on the federal judiciary.
Posted by houtopia at December 8, 2008 09:19 PM