For Obama, Justice Must Be Pragmatic

Obama too timid on federal nominees, with big issues coming

(NEWSER) - With big issues working their way toward the Supreme Court on such vital issues as health care reform, same-sex marriage, affirmative action, and police stops of undocumented immigrants, liberals need to be on guard, writes longtime court-watcher Emily Bazelon for the New York Times . Sure, there are solid progressives, such as Obama appointees Sonia Sotomayor and Elena Kagan. But frequent swing vote Anthony Kennedy, while he may side with liberals on occasion, has a voting record on par with Ronald Reagan. More»

Matter will move through appeals courts

(NEWSER) - The Supreme Court has denied Virginia’s request to fast-track the state’s case against the health care law, MSNBC reports. Virginia’s attorney general had sought to take the case—which calls the law’s requirement that almost all Americans purchase health care unconstitutional—straight to the high court, a legal move that's hardly ever allowed. The decision means that the Virginia case, one of several against the law, will keep progressing through US appeals courts. More»

White House hasn't given it 'a second' of thought

(NEWSER) - President Obama is far more concerned about a second term than his legacy—but two cities are duking it out to host his presidential library, Politico reports. Four groups at the University of Hawaii, in the state where Obama was born, are already hard at work on the matter, hoping to entice officials with a beautiful mountain or ocean setting (they'll pick the final location in the next few months), while the University of Chicago aims to capitalize on Obama’s ties to both the school and the city. "It’s like bidding for the Olympics," says the professor leading the University of Hawaii's effort, "except there are no rules and no formal criteria." More»

Fear of backlash keeps Dems timid on 2nd amendment

(NEWSER) - Gun-rights advocates who feared that the Obama presidency would mean the end of the Second Amendment have instead found the political climate surprisingly friendly, the Washington Independent reports. The Supreme Court and state legislatures alike have awarded victories to pro-gun forces, and federal lawmakers are wary of rocking the boat. Even though Democrats hold majorities, members of Congress remember the powerful right-wing backlash President Clinton's gun control efforts fueled. More»

Confirmation hearings must focus on big picture

(NEWSER) - The process Elena Kagan once derided as a "vapid and hollow charade" gets under way tomorrow when the solicitor general appears before the Senate Judiciary Committee as President Obama's second Supreme Court nominee. "Instead of playing cat-and-mouse with the nominee about how she would rule in future cases, senators should think big," the Los Angeles Times editorial board counsels. Specific questions to ask:

• Is the high court more like an umpire or an empathetic decision-maker?