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Obama’s Supreme Court Draft Pick: Political, Pragmatic or Personal?

By Marlon Hill

MIAMI – Last November, voters spoke clearly in sending President Barack Obama to the Oval Office. This transfer of citizen power also granted him the authority to appoint Supreme Court Justices. Although most voters do not pay close attention to this power, it is one of most important, if not the most vital influences that a President holds.

The Supreme Court of the United States is the highest judicial body of the land that determines the interpretation our Constitution in various instances.

The President has the authority to appoint new Justices for life tenure, unless terminated only upon death, resignation, retirement, or conviction on impeachment.

In only his second 100 days in office, President Obama was presented with this opportunity to fill the seat of retiring Justice Souter. Upon notice of Souter’s resignation, the special interests began to shout from the mountain top calling for woman or Hispanic.

Over the years, most Presidents typically nominate candidates that generally share their ideological views. Notwithstanding, the nominated Justice’s decisions sometimes contravene what the nominating President may have expected.

In the present opportunity, President Obama noted that he sought a person “with a rigorous intellect, a mastery of the law, an ability to hone in on the key issues and provide clear answers to complex legal questions.” He also pursued a person who “recognized the limits of the judicial role, understood that a judge’s job is to interpret, not make law, approached decisions without any particular ideology or agenda, but rather a commitment to impartial justice, a respect for precedent, and determined to faithfully apply the law to the facts at hand.” The question was, however, could he find these qualities in a person that met the reality of the political landscape and reflected a personal touch of the American people?


Supreme Court Nominee, Justice Sonia Sotomayor

As a former constitutional law professor, it is highly likely that President Obama conducted a detailed personal and professional due diligence in nominating Sonia Sotomayor to the highest bench in the land. As will be revealed in the upcoming nomination hearings in Senate, voters will learn she rose from humble beginnings in New York, achieved the highest academic credentials at venerable institutions, and exhibited an accomplished legal career in private and government practice. Likewise, she was appointed to federal bench by both Republican and Democrat presidents.

Many in legal circles will tell you that she is a stellar legal talent and her decisions were grounded, well-reasoned and impeccably written. Basically, she can do the job competently. Period. And for a political kicker, she happens to not only be a woman, she will also be the first Latino (this carries key historical and political reverberations). This was an easy pick for President Obama. I would highly recommend that the brewing opposition not pick a battle on this nomination.

Watch the video of President Barack Obama announcing his nominee for the Supreme Court, Sonia Sotomayor
http://www.sflcn.com/multimedia.php?id=pTKTCgznoAQ

President Obama is taking bold risks and reminding another sector of America: “SI SE PUEDE!”. This choice was reflective of President Obama’s Oval Office DNA. It was equally pragmatic, personal, and politically sharp. It is another suttle reminder of why the majority voted on November 4th.


Marlon A. Hill, Esq. is a partner with the law firm of delancyhill, P.A. and past president of the Caribbean Bar Association.

(Sidenote: Caribbbean-American readers should take note from the emerging Latino community in the United States. Civic engagement has its suttle rewards).

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