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WEDNESDAY, NOVEMBER 25, 2009
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5

For Obama, Justice Must Be Pragmatic

Law school students, colleagues reflect to predict his choice

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(Newser) – President Obama carries an unusual wealth of Supreme Court knowledge from his days at law school and as a law professor, the New York Times reports, which he'll put to use in replacing Justice Souter. But don’t expect him to go straight for a liberal: Former colleagues and students say he’ll put pragmatism and limited court power first.

As a law professor, “he wasn’t interested in high theory at all,” said a former student. He didn’t care much for formal law, which factors out “political and social context,”Jodi Kantor writes. Instead, he was chiefly concerned with the impact of decisions upon real people. But as a teacher, he rarely gave hints as to his ideal justice. One dean bet it would be “someone like a Thurgood Marshall.”

This undated black-and-white file photo provided by the presidential campaign of  Barack Obama shows the Democratic presidential hopeful while a student of Harvard Law School.
This undated black-and-white file photo provided by the presidential campaign of Barack Obama shows the Democratic presidential hopeful while a student of Harvard Law School.   (AP Photo/Obama Presidential Campaign)
This photo released by Obama for America shows Barack Obama teaching at the University of Chicago Law School.
This photo released by Obama for America shows Barack Obama teaching at the University of Chicago Law School.   (AP Photo/Obama for America)
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His nominee will not create the proverbial shock and awe. - Charles J. Ogletree, Harvard professor

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5 comments
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SPH
May 3, 09 12:13 PM CDT
“someone like a Thurgood Marshall.”...Now that's a high bar..... Reply
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TerrifiedCitizen
May 3, 09 1:34 PM CDT
The proof's in the pudding... Reply
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lindamae
May 3, 09 11:45 PM CDT
The role of the Supreme Court is to interpret laws to see that they follow the letter of the law of the Constitution. There is NO place for personal agendas - political or social activism, on the Supreme Court. That type of thinking belongs in Congress - they are the ones who make the laws. The Constitution is the Supreme Law of the land regardless of what Obama wants. Plus - he has said that he didn't teach Constitutional Law - merely covered a little bit of it in some of his classes. He has come out against the Constitution - wants someone who values the "tradition" of the Constitution. He makes me very much afraid for our future. Reply
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wwwonderer
May 4, 09 3:47 PM CDT
after what the last administration did to the constitution, I'm willing to let him have a crack at it.
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WiteOut
May 6, 09 1:17 PM CDT
I am with you on this one lindamae. Leave social activism for the people, not the judges. We need to have judges that don't bring in their biases into the decision making process. Though the law is not always clear cut, redefining the law isn't acceptable, not for the courts at least.
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