Mix It Up: Souter's Departure from the Supreme Court

I absolutely love the Supreme Court. I have been in my glory this past week as every major news outlet has actually dedicated some coverage (when they weren't talking about Obama eating a burger across the street from FMF's office) to my favorite branch of government.

I am sorry to see David Souter leaving the Court. In his nineteen years on the bench, he has proven himself to be a remarkably intelligent, fair-minded judge. He wrote the decision upholding a woman's right to choose in Planned Parenthood v. Casey (1992) and he joined the majority in 2000's Stenberg v. Carhart, which struck down state laws against "partial birth abortion" (a decision that was sadly overturned in 2003). He has also upheld the constitutionality of important civil rights legislation, been an advocate for the separation of church and state, and defended the rights of GLBT individuals.

Ironically, when Souter was first nominated to the Supreme Court by George H.W. Bush, most progressive leaders and organizations (including FMF!) were passionately against his nomination. I am so glad that he proved them all wrong.

But while Justice Souter will be missed, President Obama now has an amazing opportunity to change the make up of our remarkably homogenous Supreme Court (8 in 9 white, 8 in 9 male, 9 in 9 alumni of the Federal Appeals Court). I am delighted that almost all of names being thrown around by the press are women--as we all know, my girl RBG is lonely out there (a future post on my immense admiration of and affection for Ginsburg coming soon). The lack of diversity among the justices is troubling and, as Christine Boyd and Lee Epstein recently wrote in a Washington Post op-ed, it affects the way the Court rules.

Here are a few of the subjects of the media's SCOTUS speculation:

Sonia Sotomayor serves on the United States Court of Appeals for the Second Circuit. She has a reputation of being a tough, outspoken judge who tends to rule against the government or big corporations. If appointed to the bench, she would the first Hispanic Supreme Court Justice.




Elena Kagan is the Solicitor General of the United States (the first woman to hold that position. Prior to her appointment, she was the dean of Harvard Law School. She has a wide range of legal experience, having served in the Clinton White House as a councilor and advisor, taught at the University of Chicago School of Law, and practiced privately.




Diane Wood is a federal judge serving on the Seventh Circuit Court of Appeals. She was a faculty member at the University of Chicago School of Law at the same time as President Obama. She has consistently ruled to protect reproductive rights and the right to privacy.




Jennifer Granholm is the governor of Michigan. Born in Canada, she is a naturalized American citizen. President Obama has indicated that he values experience as an elected official, which could give Granholm a boost.





This is, of course, all speculation. There are countless potential candidates for the Supreme Court out there, and the president could surprise us all. My favorite suggestion so far? Melissa Harris Lacewell's endorsement of Kimberlee Crenshaw. She could really shake things up.