Monday, April 19, 2010

Diane Wood: Why She Is Not Obama's Candidate For The Supreme Court

This is not an in-depth post on Wood and her many excellent qualifications to sit on the Court; for that, I recommend Glenn Greenwald's post. But one thing Greenwald wrote provoked a thought in me, and the more I pondered it, the more it bothered me.

Here's the line from Greenwald:
Wood's ability to craft legal opinions to induce conservative judges to join her opinions is renowned, as is the respect she commands from them through unparalleled diligence and force of intellect.
And here's my question:
Who would NOT want such a Justice on the Court, and why?
Here's a possibility: Forty-one members of the U.S. Senate... and the President of the United States... want the Court to stay "broken," dysfunctional, unable to render independent reasonable decisions or reach consensus, because such a state of the Court enhances the real power of the Congress and the presidency at the expense of the Court. In other words, are we witnessing the deliberate weakening of one of our essential three branches of government, brought about by the other two branches?

Scary thought, eh?

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