The Foreign Correspondents

While owning the China’s Laws domain, I can’t resist pitching in a post on the American judiciary matter as a follow-up on Vaughn’s proposal to put Elizabeth Warren on the high court.

Hillary Clinton, perhaps, should be the choice. As the Secretary of State, she is probably expected to step down by the end of Obama’s first term. Anyone doing her job, with all of that travel, would be tired and jet lagged beyond proportion.

Credential wise, no one—not even the Washington favorite, Elena Kagan—has the credentials as the former First Lady. She has been on both sides of Capitol Hill. She was a legislator and a politician who ran a marvelous presidential primary campaign. As the Court continued to interpret the legislative language, i.e. PATRIOT ACT and FISA, Clinton’s knowledge in the “legislative intent” would be one valuable addition to the legal realm.

And it would not cost the conservative anything. Stevens, as far as the judicial balance goes, is a liberal by modern standard. Hillary is pro-choice and pro-executive branch. Obama would waste one big name if he overlooks her.

The downside, of course, is that Obama must do two nominations. One is for the court and the other to replace Clinton. Can the White House stomach the fight? Yes. After passing Health Care Reform, Obama went all-in again with the nuclear disarmament agreement with Russia and earned even more political capital. This fight is one fight the former Constitution professor would love to have.

Tagged: America, barrack h. obama, judiciary