
I have been somewhat of a politico since 1956, when I was ten-years-old. The one branch of our government which remained ‘esoteric’ to me was the Supreme Court. Although today’s America should require term limits for both Congress and the Supreme Court, Justices remain the only members of our political system who receive a lifetime appointment.
The best man or woman for this important position was not always nominated by the sitting president. Presently, there are two members of the Court who never should have received the honor of being a member of our nation’s highest judicial panel.
In 2006 George W. Bush nominated Samuel Alito to replace Sandra Day O’Connor on the Court. His eventual confirmation by the Senate was highly contested. His views on social issues were considered too conservative; often bordering on the reactionary.
Now a member of the Court for ten years, he has proven to be far more conservative than any other justice, including the departed Antonin Scalia. He is viewed as the most political of the Justices, a situation unintended by our founding fathers.
Although his views are extreme, he was not the worst choice for a nominee on the SCOTUS.
I watched both the Senate confirmation hearings of Alito and Clarence Thomas. To this day I fail to understand how Thomas received a positive outcome from the Senate.
When Thurgood Marshall decided to retire from the court in 1991, President George H.W. Bush nominated Thomas to replace him. His Senate hearings were not only contentious, but also included a charge of sexual harassment by Anita Hill, an attorney who had worked for Thomas in the Department of Education.
Republicans attacked Ms. Hill in defense of Thomas. She was forced to defend herself, as her allegations were virtually ignored by GOP Senators. Although the America Bar Association refused to recommend him, he was appointed to the Court.
For fifteen years he has been no more than a puppet of the political right. The last time he asked a question regarding an issue before the court was ten years ago. He told a high school class in 2000 that he ‘prefers to listen.’
These two right-wing Justices are one of the primary reasons why President Obama must nominate a man or woman who will serve the Court in a manner designated by our forefathers. He or she must have high intelligence, and an exceptional record in the lower court system.
And he must not wait as the GOP candidates have suggested. It is his duty and honor to nominate a candidate in order to guarantee that the Court will function effectively throughout the next year. An even number of politically minded judges cannot produce results.
Remember that they are lifetime appointments. We are ‘stuck’ with Thomas and Alito for as long as they choose to keep their seats on the bench. We must begin to appoint Justices who have both the ability and desire to interpret the Constitution accurately and with an opinion which is not politically motivated.
Op-Ed
By James Turnage
Photo Courtesy of DonkeyHotey
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