Justice Ruth Bader Ginsburg Has Cancer Again

Supreme Court nominations

President Barack Obama made 2 successful appointments to the Supreme Court of the United States. The commencement was Estimate Sonia Sotomayor^[1] to fill up the vacancy created by the retirement of Justice David H. Souter.^[2] Sotomayor was confirmed by the United States Senate on Baronial 6, 2009, past a vote of 68–31. The second date was that of Solicitor General Elena Kagan to replace the retired John Paul Stevens. Kagan was confirmed by the Senate on August 5, 2010, by a vote of 63–37.

During his final year in office, Obama had an opportunity to fill a third Supreme Court vacancy, following the February 13, 2016, death of Associate Justice Antonin Scalia. On March 16, 2016, he nominated Merrick Garland, the main judge of the United states Court of Appeals for the District of Columbia Excursion to the Court.^[3] All the same, Republican leaders in the Senate announced that they planned to withhold voting on any potential nominee until a new president was elected. Senate Democrats responded that there was sufficient time to vote on a nominee earlier the election.^[4] Consequently, no action was taken on the nomination, which expired in Jan 2017.

During most of Obama's presidency, in that location had been speculation most the potential retirement of Justice Ruth Bader Ginsburg,^{[v] [half dozen]} who turned fourscore in 2013 and was previously diagnosed with colon cancer and pancreatic cancer.^{[7] [8]} Justice Ginsburg died on September 18, 2020, during Donald Trump's presidency, and was replaced by Amy Coney Barrett on October 27, 2020.

Politics [edit]

Obama opposition to Bush nominees [edit]

During the 109th Congress, then-Senator Obama voted against both of President George W. Bush-league'due south nominees to the Supreme Court. In a speech announcing his opposition to John Roberts, Obama stated:

The problem I face ... is that while adherence to legal precedent and rules of statutory or constitutional construction will dispose of 95 percent of the cases that come before a court then that both a Scalia and a Ginsburg will arrive at the same place almost of the time on those 95 per centum of the cases – what matters on the Supreme Court is those 5 percent of cases that are truly difficult. In those 5 percentage of hard cases, the ramble text will non be directly on bespeak.... In those circumstances, your decisions about whether affirmative action is an appropriate response to the history of discrimination in this country or whether a general right of privacy encompasses a more specific correct of women to control their reproductive decisions, ... in those difficult cases, the critical ingredient is supplied by what is in the judge'south heart.... The problem I had is that when I examined Judge Roberts' tape and history of public service, it is my personal estimation that he has far more often used his formidable skills on behalf of the strong in opposition to the weak.^[nine]

—Barack Obama

In explaining his opposition to Samuel Alito, Obama further evaluated the qualities he found of import in a Supreme Court justice:

I have no doubt that Judge Alito has the training and qualifications necessary to serve. He's an intelligent homo and an accomplished jurist. And there'southward no indication he'south not a man of bully character. But when y'all expect at his record – when it comes to his understanding of the Constitution, I take institute that in almost every case, he consistently sides on behalf of the powerful against the powerless; on behalf of a strong authorities or corporation against upholding Americans' private rights.^[10]

[edit]

In a spoken language on July 17, 2007, earlier the Planned Parenthood Action Fund, he elaborated even more:

I think the Constitution tin can be interpreted in so many ways. And one fashion is a cramped and narrow fashion in which the Constitution and the courts essentially become the rubber stamps of the powerful in society. And then there's another vision of the courtroom that says that the courts are the refuge of the powerless. Because oftentimes they can lose in the autonomous back and forth. They may be locked out and prevented from fully participating in the democratic process. ... And we need somebody who'southward got the center – the empathy – to recognize what it'due south similar to be a young teenage mom. The empathy to understand what information technology's like to be poor or African-American or gay or disabled or old – and that's the criteria by which I'll be selecting my judges.^[eleven]

In November 2007, Obama was asked about the kind of justices he would appoint to the Supreme Court. He responded:

I taught constitutional law for 10 years, and . . . when yous expect at what makes a great Supreme Court justice, it's not but the particular event and how they rule, but it's their conception of the Court. And function of the role of the Court is that it is going to protect people who may be vulnerable in the political process, the outsider, the minority, those who are vulnerable, those who don't take a lot of clout. . . . [S]ometimes nosotros're only looking at academics or people who've been in the [lower courts]. If nosotros can find people who have life experience and they understand what it means to be on the outside, what it means to take the system non piece of work for them, that's the kind of person I want on the Supreme Court.^[12]

Later in March 2008, while on the entrada trail in Ohio, Obama again addressed the traits he would wait for in a Supreme Court justice, suggesting he might leaven legal scholarship with applied political experience. He held up Earl Warren, a erstwhile governor of California who afterward became Primary Justice, as an instance. Mr. Warren, he said, had had the wisdom to recognize that segregation was wrong less considering of precise sociological effects and more then considering it was immoral and stigmatized blacks:

I want people [similar Earl Warren] on the demote who have enough empathy, enough feeling, for what ordinary people are going through.^[13]

Later, nonetheless, Obama seemed to step abroad from the case of Warren. In an interview with the editorial board of the Detroit Free Press on October 2, 2008, Obama said:

In that location were a lot of justices on the Warren Court who were heroes of mine ... Warren himself, Brennan, (Thurgood) Marshall. Simply that doesn't necessarily mean that I think their judicial philosophy is advisable for today . . . In fact, I would be troubled if you had that same kind of activism in circumstances today.^[14]

Instead, Obama mentioned then current justices David Souter and Stephen Breyer every bit examples of people he would like to nominate to the Supreme Court in the future:

. . . [W]hen I remember about the kinds of judges who are needed today, information technology goes back to the indicate I was making about common sense and pragmatism as opposed to ideology.

I think that Justice Souter, who was a Republican appointee, Justice Breyer, a Democratic appointee, are very sensible judges. They take a look at the facts and they try to figure out: How does the Constitution apply to these facts? They believe in fidelity to the text of the Constitution, simply they also think you accept to wait at what is going on around you and not simply ignore real life.

That, I think is the kind of justice that I'm looking for – somebody who respects the law, doesn't think that they should exist making law ... just as well has a sense of what's happening in the existent globe and recognizes that ane of the roles of the courts is to protect people who don't have a voice.^[14]

In the tertiary and concluding presidential debate with Republican nominee John McCain on Oct 15, 2008, Obama also unsaid that he would look for a Supreme Court nominee with previous judicial feel:

I will look for those judges who have an outstanding judicial record, who have the intellect, and who hopefully take a sense of what real-world folks are going through.^[xv]

Courtroom demographics [edit]

Demographic considerations have played into the appointment of Supreme Court justices since the institution was established. Starting in the 20th century, these concerns shifted from geographic representation to problems of gender and ethnicity.^[16]

Prior to the 2008 presidential election, many courtroom watchers suggested that the next president would exist under significant pressure to engage another woman or ethnic minority to the courtroom.^{[17] [18]} The calls for naming more women were particularly widespread given the contempo retirement of Sandra Day O'Connor and the rapidly changing demographics of the legal community, with women at present accounting for about a fifth of all law partners and law schoolhouse deans, a quarter of the federal bench, and nearly half of all law school graduates.^{[8] [19]} Shortly before the election, for example, NPR reported, "Nigh observers of the Supreme Courtroom agree about 1 thing: The next nominee is likely to be a woman".^[20] Furthermore, afterwards Obama's presidential election victory, Hispanic legal interests groups such every bit the Hispanic National Bar Clan began urging Obama to nominate a Hispanic justice.^[21]

Given the relative youth of the nearly contempo Republican appointments, it was also noted that Democrats had "a strong incentive to pick younger justices this time effectually".^[eighteen] Age proved to be an of import consideration for Obama, who was "looking for a justice who will be an intellectual strength on the court for many years to come".^[22] As a outcome, Obama did non seriously consider candidates such every bit José A. Cabranes, Amalya Kearse, Diana Gribbon Motz, David Tatel, and Laurence Tribe, all of whom he respected but were older than 65 when Obama was looking to supplant David Souter.^[22]

With the retirement of Justice Stevens, some commentators directed focus on the religious make-upward of the courtroom.^[23] Upon Justice Stevens' retirement, the Courtroom lacked any Protestant members, marking the first time in its history that it will exist exclusively composed of Jewish and Catholic Justices.^[24]

Sonia Sotomayor nomination [edit]

On May 26, 2009, Obama announced 2d Excursion appeals court judge Sonia Sotomayor every bit his pick to replace retiring Associate Justice David H. Souter.^[i] Sotomayor's nomination was submitted to the Us Senate on June 1, 2009, when the 111th Congress reconvened after its Memorial 24-hour interval recess. Sotomayor was confirmed by the Senate on August half-dozen, 2009, by a vote of 68–31,^[25] and was sworn in every bit an Associate Justice on August viii, 2009.^[26]

David Souter retirement [edit]

Long earlier the election of President Obama, Associate Justice David H. Souter had expressed a desire to go out Washington, D.C., and render to his native New Hampshire.^{[27] [28]} The election of a Democratic president in 2008 made Souter more inclined to retire, only he did not want to create a situation in which there would be multiple vacancies at once.^[27] Souter apparently became satisfied that no other justices planned to retire at the end of the Supreme Courtroom'southward term in June 2009.^[27] Equally a result, in mid-April 2009 he privately notified the White House of his intent to retire from the Supreme Courtroom at the conclusion of its business concern for that term.^[29] Souter submitted a resignation letter to Obama on May 1, who later that twenty-four hours made an unscheduled advent during the daily White Business firm press briefing to publicly announce Souter's retirement.^[two]

Short list [edit]

Obama began the process of identifying potential Supreme Court nominees shortly afterwards his ballot in 2008, before a Supreme Courtroom vacancy was really known.^[29] White Firm Counsel Greg Craig helped assemble an early on list of possible names.^[29] Once the White House had learned of Souter'southward plans to retire, 2 members of the Vice President's staff, Chief of Staff Ron Klain and Counsel Cynthia Hogan, ran the daily operations of the selection process.^[29]

Within a week of Souter'south announcement the White House had formalized its brusque listing of candidates to replace Souter, with Approximate Sonia Sotomayor of the Second Circuit, Judge Diane Pamela Woods of the Seventh Excursion, and Solicitor General Elena Kagan reportedly leading contenders for the nomination.^[xxx] Homeland Security Secretary Janet Napolitano, California Supreme Court Justice Carlos Moreno, and Michigan Governor Jennifer Granholm were also reportedly on the short listing of candidates under serious consideration by the White House.^[31] Primary Justice Leah Ward Sears of the Georgia Supreme Court, Judge Merrick B. Garland of the United States Courtroom of Appeals for the District of Columbia Excursion, and Judge Ruben Castillo of the Federal District Court for the Northern District in Illinois were besides on the final listing of nine candidates.^[32]

Interviews [edit]

Obama had not interviewed whatsoever of the candidates before May 18,^[33] but that week saw a flurry of activity and speculation surrounding possible interviews of candidates. Jennifer Granholm attended a Cafe standards meeting at the White House on May 19 and spoke with Obama, just officials would not comment on whether the two discussed a potential court appointment.^[33] On May twenty, Diane Wood and Elena Kagan attended a briefing on judicial independence at Georgetown University hosted by retired Associate Justice Sandra Twenty-four hour period O'Connor.^[34] Ultimately, Obama winnowed his list to iv individuals, all of them women: Sotomayor, Wood, Kagan, and Napolitano.^[35] Obama conducted 60 minutes-long one-on-one interviews with the four finalists, coming together with Woods and Kagan on May xix, and Sotomayor and Napolitano on May 21.^[36] Vice President Joe Biden also interviewed the four finalists.^[36]

Obama telephoned Judge Sotomayor at 9 pm EST on May 25 to alert her that she was his choice.^[36] After that night, he called the other three finalists and informed them of his decision.^[36] Obama appear the nomination the next morning in the Due east Room of the White Firm in a printing briefing alongside Sotomayor and Joe Biden.^[one]

Elena Kagan nomination [edit]

On May 10, 2010, Obama nominated Elena Kagan, the Solicitor General of the Usa, to replace retiring Associate Justice John Paul Stevens. Solicitor General Elena Kagan was confirmed by the Senate by a 63–37 vote.^[37]

John Paul Stevens retirement [edit]

On April 9, 2010, Associate Justice John Paul Stevens announced that he would retire at the conclusion of the Supreme Courtroom's term in June 2010.^[38] This announcement had been widely predictable since September 2009 when Stevens confirmed that he had hired only a single police force clerk for the Supreme Courtroom term beginning in Oct 2010.^[39] (Full-time associate justices are allowed upwards to iv law clerks while retired justices have only one.^[39])

Short list [edit]

Before the announcement, the White House had been preparing for another possible Supreme Court vacancy, with White House Printing Secretary Robert Gibbs responding to speculation about a possible Stevens retirement by proverb "We'll exist ready."^[40] Later on Stevens announced his retirement, an bearding White House official said that near x people were nether consideration.^[38] The leading contenders to replace Stevens were said to include 7th Excursion Judge Diane Pamela Wood and Solicitor General Elena Kagan, both of whom had been interviewed for the David Souter vacancy, and D.C. Circuit Judge Merrick B. Garland, who had also been considered for the Souter vacancy.^[38] Others mentioned include Ninth Circuit Approximate Sidney Runyan Thomas, onetime Georgia Chief Justice Leah Ward Sears, Michigan Governor Jennifer Granholm and Homeland Security Secretary Janet Napolitano.^[41]

Interviews [edit]

Early in Apr 2010, Obama conducted a White Business firm interview with Merrick Garland.^{[42] [43]} On April 29, 2010, Obama and Vice President Joe Biden each met separately with Sidney Thomas at the White Business firm to discuss the vacancy.^[42] Elena Kagan was interviewed the following day,^[44] and Diane Wood the post-obit calendar week on May four.^[45]

Merrick Garland nomination [edit]

On March 16, 2016, Obama nominated Merrick Garland, Main Guess of the United States Court of Appeals for the District of Columbia Circuit, to supplant Antonin Scalia.^[46] On February 23, 2016, the 11 Republican members of the Senate Judiciary Commission signed a letter to Senate majority leader Mitch McConnell stating their intention to withhold consent on any nominee fabricated by President Obama, and that no hearings would occur until later Jan 20, 2017, when the next president takes office.^[47] The xi members are Committee Chair Chuck Grassley, Iowa;^[48] Orrin Hatch and Mike Lee, Utah; Jeff Sessions, Alabama; Lindsey Graham, South Carolina; John Cornyn and Ted Cruz, Texas; Jeff Chip, Arizona; David Vitter, Louisiana; David Perdue, Georgia; and Thom Tillis, Due north Carolina. After Garland's nomination, Senate Majority Leader Mitch McConnell reiterated his position that the Senate would non confirm whatsoever Supreme Court nomination from Obama.^[46] Garland's nomination expired on Jan 3, 2017.^[49]

Antonin Scalia death [edit]

On Feb xiii, 2016, Associate Justice Antonin Scalia was found dead while vacationing at Cibolo Creek Ranch near Marfa, Texas.^[50] President Obama stated that he planned to nominate someone to replace Scalia on the Supreme Court.^[3] Scalia's death marked merely the 2d time in sixty years that a sitting justice died.^[51]

Short list [edit]

The White Firm vetted a number of candidates that had previously received broad support from Republicans, including D.C. Excursion Judges Merrick Garland and Sri Srinivasan,^[52] 8th Circuit Judge Jane Fifty. Kelly,^[53] Ninth Excursion Judge Paul J. Watford,^[54] and Judge Ketanji Brown Jackson of the United States District Court for the District of Columbia.^[55] On March 11, Reuters reported that Obama had narrowed his listing downward to three candidates: Srinivasan, Garland, and Watford.^[56]

Names mentioned every bit likely nominees [edit]

Following is a listing of individuals who have been mentioned in various news accounts as the most probable potential nominees for a Supreme Court date nether Obama:

United States Courts of Appeals [edit]

• Court of Appeals for the D.C. Circuit
  • Merrick Garland (born 1952)^{[vii] [17] [57] [58] [59] [threescore] [61] [62] [63] [64] [65] [66]} (nomination expired)
  • Sri Srinivasan (born 1967)^{[57] [62] [64] [65] [66] [67] [68] [69]}
  • Patricia Millett (born 1963)^{[57] [62] [65] [66] [67]}
  • Robert L. Wilkins (born 1963)^{[57] [65] [69]}
• Court of Appeals for the 1st Circuit
  • David J. Barron (born 1967)^{[57] [67] [70]}
• Courtroom of Appeals for the 2nd Circuit
  • Sonia Sotomayor (built-in 1954)^[1] (nominated and confirmed)
  • Robert Katzmann (1953–2021)^{[71] [72]}
• Court of Appeals for the 7th Excursion
  • Ann Claire Williams (born 1949)^{[73] [74]}
  • Diane Wood (born 1950)^{[5] [7] [8] [17] [27] [28] [30] [58] [59] [60] [74] [75] [76] [77] [78] [79] [80] [81] [82] [83] [84] [85] [86] [87] [88] [89] [ninety] [91] [92]}
• Court of Appeals for the 8th Circuit
  • Jane L. Kelly (born 1964)^{[57] [65] [67] [93]}
• Courtroom of Appeals for the 9th Circuit
  • Thou. Margaret McKeown (born 1951)^{[94] [95]}
  • Jacqueline Nguyen (born 1965)^{[57] [65] [96]}
  • Johnnie B. Rawlinson (built-in 1952)^{[97] [98]}
  • Sidney R. Thomas (born 1953)^{[41] [42] [99] [100]}
  • Kim McLane Wardlaw (born 1954)^{[17] [21] [28] [61] [97] [101]}
  • Paul J. Watford (born 1967)^{[57] [62] [66] [67] [69] [93] [102]}
• Court of Appeals for the 11th Excursion
  • Adalberto Jordan (born 1961)^{[103] [104]}

United States District Courts [edit]

• Ketanji Brownish Jackson (born 1970) – District Approximate, United States District Court for the Commune of Columbia^{[55] [104]}
• Christine Arguello (built-in 1955) – District Guess, United States District Court for the District of Colorado^{[98] [105]}
• Rubén Castillo (built-in 1954) – erstwhile District Judge, United States District Court for the Northern District of Illinois^{[21] [59]}
• Diane Humetewa (born 1964) – District Judge, United States District Courtroom for the District of Arizona^[106]

Land Supreme Courts [edit]

• Mariano-Florentino Cuéllar (born 1972) – Associate Justice, Supreme Court of California^{[107] [108] [109] [110] [111] [112]}
• Goodwin Liu (born 1970) – Acquaintance Justice, Supreme Court of California^{[57] [93] [113]}
• Carlos R. Moreno (born 1948) – Former United States Ambassador to Belize, old Acquaintance Justice, Supreme Courtroom of California; erstwhile Judge, The states District Courtroom for the Central District of California^{[31] [101]}
• Leah Ward Sears (born 1955) – Former Main Justice, Georgia Supreme Court^{[28] [59] [97] [114]}

Executive Co-operative [edit]

• Hillary Clinton (born 1947) – 67th Secretary of State; former Senator from New York, First Lady and Chair of the Legal Services Corporation^{[eighteen] [twenty] [58] [77] [115]}
• Elena Kagan (born 1960) – 45th Solicitor General; onetime Dean of Harvard Law School^{[7] [8] [17] [18] [20] [27] [28] [30] [58] [59] [60] [73] [75] [76] [77] [78] [97] [115] [116]} (nominated and confirmed)
• Harold Hongju Koh (born 1954) – Former Legal Adviser of the Department of Land; former Dean of Yale Law School^{[7] [35] [59] [61] [73] [76] [97]}
• Loretta Lynch (built-in 1959) – 83rd United states of america Attorney General^{[57] [62] [66]}
• Janet Napolitano (built-in 1957) – President of the University of California; tertiary Secretary of Homeland Security; one-time Governor of Arizona; sometime Arizona Chaser General; quondam Us Attorney for the Commune of Arizona^{[35] [117]}
• Kathryn Ruemmler (born 1971) – Old White Business firm Counsel; former Chief Associate Deputy Attorney General^{[118] [119]}
• Ken Salazar (born 1955) – 50th Secretary of the Interior; former Senator from Colorado; former Colorado Chaser General^{[21] [120]}
• Cass Sunstein (born 1954) – Old Administrator of the Office of Data and Regulatory Affairs^{[seven] [58] [59] [61] [73] [76]}

Usa Senators [edit]

• Cory Booker (born 1969) – Senator from New Jersey; former Mayor of Newark, New Jersey^{[66] [121]}
• Amy Klobuchar (born 1960) – Senator from Minnesota; quondam County Attorney for Hennepin Canton, Minnesota^{[122] [123]}
• Claire McCaskill (born 1953) – Senator from Missouri; former Land Auditor of Missouri; former County Prosecutor for Jackson County, Missouri; onetime member of the Missouri House of Representatives^{[122] [123]}

United States Governors [edit]

• Jennifer Granholm (born 1959) – 47th Governor of Michigan; quondam Michigan Attorney Full general; former Banana U.s. Attorney^{[xx] [28] [59] [78] [117] [122]}
• Deval Patrick (built-in 1956) – 71st Governor of Massachusetts; erstwhile Banana Chaser General for the Civil Rights Sectionalization^{[7] [57] [59] [61] [76] [93] [116] [117] [124]}
• Brian Sandoval (born 1963) – 29th Governor of Nevada; old Commune Judge, United States Commune Court for the District of Nevada; former Nevada Attorney General^{[125] [126]}

State Executive Branches [edit]

• Kamala Harris (born 1964) – erstwhile California Attorney General, would later become a U.Southward. Senator from California in 2017 and Vice President of the United States in 2021.^{[57] [93] [127]}

Supreme Court litigators [edit]

• Caitlin Halligan (born 1966) – One-time judicial nominee for the Us Court of Appeals for the Commune of Columbia Excursion; onetime Solicitor Full general of New York^{[96] [128]}
• Seth P. Waxman (built-in 1951) – Partner with WilmerHale; old Solicitor General^{[17] [63] [77]}

Academics [edit]

• Pamela S. Karlan (born 1959) – Professor, Stanford Law School^{[35] [57] [78] [93] [129]}
• Kathleen Sullivan (born 1955) – Professor and former dean, Stanford Law School; partner with Quinn Emanuel^{[viii] [28] [35] [61] [73] [77] [97]}

Encounter also [edit]

• United States federal judge
• Judicial appointment history for U.s.a. federal courts

References [edit]

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Source: https://en.wikipedia.org/wiki/Barack_Obama_Supreme_Court_candidates