I’m imagining what happens if Obama gets the chance to nominate Scalia’s successor. He is 74, after all. 
That’s textualism? I thought that was positivism. And I thought Dworkin was the big positivist guy. And I thought you were saying Dworkin was bad.
I’m clearly very confused.
:dubious: How are those things not part of the “real world”?! And what better experience is there for a SCOTUS judge?!
“Real world” was a poor choice of words, but I stand by my larger point. Some of our best Supreme Court justices were not plucked from the bench or from the university. The pattern of appointing only judges or law professors to the Supreme Court is really a recent development.
Someone who has spent their better part of their lives behind a bench may have very little appreciation for the practical effects of judicial decisions on the lives of the people touched by them. I would like to see the experience base of the court broadened a bit.
And here’s a different angle:
If you want a justice capable of building consensus on the court, maybe appointing a politician wouldn’t be a bad idea. After all, winning people over is what they do. There is plenty of precedent for appointing politicians (though not recently).
For the record, the last justice to hold public office was Sandra Day O’Connor, who was an elected judge, and before that, the majority leader of the Arizona senate.
I wouldn’t wish ill health on anyone. Nope. Wouldn’t do it. Not even on the guy who perverted the Supreme Court to thwart a presidential recount and hand the election to his favored candidate. No, wouldn’t wish ill health on him. Nosiree. That would be wrong. And I would be a bad person for making such a wish. So I wouldn’t do it, is what I’m saying.
I think it’s slightly more likely that Thomas will have a heart issue in the next six years and be forced to step down. Lazy sumbitch that he is, any replacement could change the character of the court.
Well, they could just give Scalia two votes.
It’s not unthinkable if Obama were to get re-elected. Scalia is now the most senior judge on the court, by the way. Ginsburg is the oldest.
According to that New Yorker article at least, that was one of Stevens’ strong points.
Fucking hell – let him nominate a Muslim. 
I don’t think there are any Muslims who are nominatable. I mean, there’s Dr. Abdullahi An-Na’im, but he focuses more on international human rights issues. There’s Dr. Azizah al-Hibri, but she’s also human rights and feminism. Then there’s Bernard Freamon, but I don’t see anybody nominating him. I can’t even think of any other Muslim law professors in the US.
The right would probably assplode if Obama got to nominate both their successors.