Possible Ginsburg replacements if she retires?

[bedstuy]

I think Obama will have pretty much free reign to nominate a replacement for her if she leaves. She's liberal enough that you can't push the court too hard to the left.

The only credible names he probably couldn't get confirmed was her replacement are Harold Koh (would rule based on international law rather than US law), Debo Adegbile (ties to Mumia), and Eric Holder (many problems, plus likely too old).

The Republicans have bigger fights to pick than a tit-for-tat replacement.

Now if Kennedy was to retire, Obama likely couldn't get any liberal-leaning judge but Merrick Garland through as a replacement.

Literally nobody has brought up those names, and why would they?

And I don't get that bit about Koh. Even if it was the case, it'd be good. We need more European style law.

Because the Supreme Court justice is supposed to rule based on the law of this country.. if you want European style law then you can get an amendment passed.

The Supreme Court uses the law of other countries if the case is governed by foreign law though, right?  I don't understand what the debate is there.  Nobody thinks that a US case between US litigants would be decided Brazilian law.  I'm sure you're misrepresenting Harold Koh's views.

[bedstuy]

I think Obama will have pretty much free reign to nominate a replacement for her if she leaves. She's liberal enough that you can't push the court too hard to the left.

The only credible names he probably couldn't get confirmed was her replacement are Harold Koh (would rule based on international law rather than US law), Debo Adegbile (ties to Mumia), and Eric Holder (many problems, plus likely too old).

The Republicans have bigger fights to pick than a tit-for-tat replacement.

Now if Kennedy was to retire, Obama likely couldn't get any liberal-leaning judge but Merrick Garland through as a replacement.

Literally nobody has brought up those names, and why would they?

And I don't get that bit about Koh. Even if it was the case, it'd be good. We need more European style law.

Because the Supreme Court justice is supposed to rule based on the law of this country.. if you want European style law then you can get an amendment passed.

The Supreme Court uses the law of other countries if the case is governed by foreign law though, right?  I don't understand what the debate is there.  Nobody thinks that a US case between US litigants would be decided Brazilian law.  I'm sure you're misrepresenting Harold Koh's views.

I think you have me confused with someone else. I never mentioned Harold Koh at all.

OK.  Nobody thinks that you would decide a legal dispute in the US between US litigants using foreign law.  But clearly, the Supreme Court can use foreign law when there's a foreign legal issue in a case.  I don't understand the dispute. 

[bedstuy]

Are there any African-American or Asian-American female judges that President Obama can nominate to replace her that can be confirmed by a Republican Senate?

There's been talk about Kamala Harris if she doesn't go into the Senate. I'm not sure if she would be confirmed or not.

Leah Ward Sears was one of the runners-up for Obama's first appointment to the court.


Personally I would love Debo Adegbile, or Ken Thompson (Brooklyn DA) on the court, but I'd also like Ginsburg's replacement to be a woman. If only Hilda Solis was a lawyer...

Are you serious? 

[bedstuy]

Isn't Thompson the guy who completely ignored sexual abuse cases in the Hasidic community?

That was the guy he replaced, Charles Hynes.  Ken Thompson is a good guy.  He's just not on the Supreme Court Justice career path.