Supreme Court vacancy

[CRedskinsRule]

Originally Posted by JoeRedskin

No, it is not ethically wrong for an employer to ask an employee to recommend a replacement.

However, a Supreme Court justice is not an employee of the President but rather a member of a separate and equal branch of the government. Does that make it inherently ethically wrong? No. Do I think its good practice? No.

Does it have the potential to create unnecessary entanglements of justices in the political process? Yes. Think about it ... do we want justices lobbying presidents cutting side deals during elections or with sitting Presidents? "You know ... if I retire, you could appoint my successor. Oh by the way, I hear there is a nice little ambassadorship opening up in the Caribbean. If I can't get that, I might as well stay on the bench."

I realize that's pretty cynical and hyperbole but it's not a path we want to start down.

So instead of asking a judge, who had a lifetime appointment, and can retire at his/her choosing (I doubt that any of them are really in need of an ambassadorship at the fine spry age of 80, though if RBG wants to be leave for 1 - I'm ok with that), we should ask those 100 fine apolitical senators, or a nice neutral group like the heritage foundation or ACLU.

Nominating a new SC Justice is the one case in all of our constitution (I think) where the executive branch and the legislative branch, through advise and consent, get to bring politics directly into the SC. If it can be headed off by asking a well respected moderate justice who they think would be the ideal replacement, I would take that 50 times out of 50, over the political side show that is about to ensue.