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.

5 Comments »

  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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