Favorites of Left Don’t Make Obama’s Court List

[MannyGoldstein]

From: http://www.nytimes.com/2009/05/26/us/politics/26court.html?hp

"The president has narrowed his list to four, according to people close to the White House — two federal appeals judges, Sonia Sotomayor of New York and Diane P. Wood of Chicago, and two members of his administration, Solicitor General Elena Kagan and Homeland Security Secretary Janet Napolitano.

While it is possible Mr. Obama has a surprise in the works, those on this list are cut from molds similar to those of the two Clinton appointees, Justices Ruth Bader Ginsburg and Stephen G. Breyer. They are liberal on most issues that divide the court — and surely too liberal for many Republican senators — but have not been the outspoken leaders of the legal left that advocates crave...

“He’s not going to go in that direction,” said Bernard W. Nussbaum, who was Mr. Clinton’s first White House counsel and oversaw Justice Ginsburg’s appointment. “I don’t think that he’s worried about the left. I think he’s doing the same thing we did."

Not worried about the left. Quelle surprise!

Personally, I'm down to just hoping that Obama doesn't appoint a 25-year-old from Goldman-Sachs.

[bluestateguy]

1. Oooooh!!! "people close to the White House "!!

Doesn't anybody go on the record anymore?

I refuse to take seriously a "story" based on rumors and cowardly anonymous sources.

[DJ13]

2. “I don’t think that he’s worried about the left.........."

"........until 2012. THEN he'll worry."

[sandnsea]

3. When did Obama join the Green Party?

I am baffled at the expectations around here.

Stop letting the media spin you. Obama is a Democrat, just like he said he was.

[DJ13]

6. Its not that people dont think he's a Democrat

Its more like most people who opted to support him over Hillary in the primaries did so because they didnt WANT a middle of the road DLC'er for President like Hillary represented.

[sandnsea]

8. And we didn't get one

What we got is someone who understands how much of the country *is* DLC Democrat and to the right of that. Have you forgotten the primaries and OH, PA, WV, etc?

Change Minds, Change Votes. That job isn't done yet.

[DJ13]

11. All Im saying is that the jury is still out

But its looking less and less likely he will be what his early supporters expected.

I know those who went from Hillary to Obama for the GE are happier than Obama's original supporters, but stop and think why that is....

[sandnsea]

13. I was an Obama supporter in 2007

I didn't expect him to be a Green. Single Payer? Out of Afghanistan? Letting terrorists loose? I didn't expect any of that and anybody who did is an idiot. Cautious implementation of tricky policy, I expected that and that's what we're getting. A solid Justice in the realm of Ginsburg? That would be awesome. I hope it's a minority woman because I believe in affirmative action.

Anybody who is unhappy with that is in the wrong damn party.

[DJ13]

14. The reason people criticize him is he rarely fights to get his promises passed

EFCA?

What happened to his original support for single payer?

What about his "get tough on Wall Street" talk from the campaign?

His desire to get along with the power occupying DC is leading to some potentially monumental failures of a significant part of the very platform that drew a good portion of his support in the primaries.

Oh I understand some dont see it (yet), but when something they were expecting doesnt come to pass they will.

I supported Obama from the start of his campaign, and its because I like him that Im hoping he gets serious about issues that ARE important to a great many people who voted for him so he can be the President we know he can be.

[sandnsea]

15. What original support for single payer?

He never supported implementing single payer. EFCA is gone? Since when? Do you know what's in the Wall Street regulatory bill? It hasn't been released yet. People are creating their own demands and expecting him to meet them when he never said he would in many cases. He needs to step up on DADT and DOMA, but other than that, he's done a fairly good job of implementing what he said he would. And I expect gay rights will be attended to when all the policies are in place for a smooth transition.

[Hawkowl]

16. Exactly

This is why I've been thinking lately that I should have just voted for Hillary. I really am becoming increasingly dismayed by Obama, and I had low expectations.

[derby378]

4. God help us if a Homeland Security wonk winds up as the nominee

We need to dismantle DHS, not immortalize it.

[blue_onyx]

5. If this is true...

I would be a little disappointed. I was kind of hoping for Gov. Granholm to get the appointment. It seems a little weird that Elena Kagan and Janet Napolitano would be selected. I have nothing against them but they were just approved for appointments a few months ago. Who knows if this article is true.

I'm sure I will be happy with the nominee, even if it's not the person I was pulling for.

[imdjh]

7. What's wrong with those choices- other than Napolitano of course? nt

[sandnsea]

9. What's wrong with Napolitano? n/t

[imdjh]

12. Some people objected to her current appointment.

The context is "the left" not getting any of "their" choices on the short list. I believe the objection to Napolitano is the belief that she is a closet case.

[flyarm]

10. Wood v. Kagan on Executive Power By: emptywheel

http://emptywheel.firedoglake.com/2009/05/25/wood-v-kagan-on-executive-power/

Wood v. Kagan on Executive Power
By: emptywheel Monday May 25, 2009 6:48 am

But in a 2003 essay, warned that steps proposed in the fight against terrorism, like diminishing privacy to facilitate executive surveillance, posed a threat to the rule of law.

“In a democracy, those responsible for national security (principally, of course, the executive branch) must do more than say ‘trust us, we know best’ when they are proposing significant intrusions on liberties protected by the Constitution,” she wrote.

And in a lecture about legal issues related to natural disasters, published in 2008, Judge Wood suggested that she would view trying terrorism suspects in military commissions, as Mr. Obama has proposed, with suspicion.



Ms. Kagan’s history, by contrast, suggests a greater sympathy for executive interests.



Later, in her solicitor general confirmation hearing, Ms. Kagan said the president had the authority to indefinitely detain, without a trial, someone suspected of helping to finance Al Qaeda.

She also said that she, like any solicitor general, would not defend a statute that “infringes directly on the powers of the president,” because “there are occasional times where presidential power still exists, even if Congress says otherwise.” But, she added, that category was “exceedingly narrow.”

There's more there, so click through to read the whole thing. This is one of the most useful articles I've read on the whole SCOTUS search, because it really does point to an area where even moderate Democrats like Kagan could have a devastating effect on our Constitution going forward. Obama has already proven a little too fond of executive power for my taste. Let's hope he doesn't institutionalize that with his choice for SCOTUS.