May 1, 2009

My Quick Guess for Obama’s SCOTUS Nomination…

Posted in Law tagged , , , , at 12:23 am by Andrew

With the news breaking that Supreme Court Justice David Souter will step down from the Court, my impulse pick for Obama’s first Supreme Court nominee is Cass Sunstein.



  1. Phil said,

    He’s already been nominated for the Office of Information and Regulatory Affairs. Who knows what can happen now. I do hope your prediction turns out wrong. If Sunstein is the pick, we can say goodbye to net neutrality.

    • Andrew said,

      Is the argument here that only Sunstein can shepherd through net neutrality at the OIRA? I would think Obama could find someone with similar views.

      • Phil said,

        Rather, in either position Sunstein will be working against net neutrality. And that’s right — Obama could easily find someone with similar views.

  2. Sabio said,

    Thank you for the link. I am curious what percent of Atheists fall into varieties of Conservative vs. Liberal Judicial Theory categories [yes, I know it is more simple than 2 positions, but for sake of argument …]. But even more interestingly, I wonder what percent of Atheists feel that all Atheist, by nature of being Atheist, should agree with their Judicial Theory.
    A) “Conservative” Theories:
    Originalism (and there are more.
    B) Liberal Theories :Minimalism (and there are more) -it would be fun to expand the list for those of us unfamiliar with all the varieties

  3. Andrew said,

    I wouldn’t classify “minimalism” as a necessarily liberal or conservative position; it means a healthy respect for stare decisis, which can come from all across the political spectrum.

    I would suspect that the only unifying principle across atheists is a rejection of “compatibilism”/”accomodationism” First Amendment theory in favor of strict separation of church and state.

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