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Republicans v. Judicial Nominee X- Round One to Judicial Nominee X?

The Republicans this weekend went full bore after President Obama’s pick to replace Justice Souter on the Supreme Court. The mysterious Judicial Nominee X had little to say to the charges that they were an activist judge because they had some measure of empathy for the common citizen. Of course Judicial Nominee X’s record, race, gender, sexual orientation, and hair style were not held against them. Indeed, it seemed that the focus of the attacks were on Judicial Nominee X’s propensity for empathy, which the Republicans were want to actually show. Indeed, they had a difficult time showing just how Judicial Nominee X’s record was either empathetic or activist, and could not point to anything in Judicial Nominee X’s career as a lawyer or politician which showed that they were, indeed, any kind of activist.

One has to wonder about the wisdom of charging after Judicial Nominee X given their propensity for being elusive. According to MSNBC, the decision by Justice Souter has caught many in Washington completely without surprise as he indicated to, at least, President Obama that he intended to leave the Supreme Court at the end of this session barring any issues like the death of a colleague. Indeed, Justice Souter has repeatedly stated that he hated Washington, and was not always happy being a Supreme Court Justice.

However, is it wise to begin attacking Judicial Nominee X before their nomination has even been announced?

Unless the nominee is incredibly controversial, the probability of them affecting President Obama’s popularity is marginal. President George W. Bush, in fact, has the highest drop in approval after a nominee, and that was for the current Chief Justice of the Supreme Court John Roberts.

Other than firing up their base with baseless allegations of activist judges (honestly, why don’t people talk about activist lawyers more often?), the Republicans have little to gain from this fight, and may have a lot more to loose. Going after Judicial Nominee X before their name has even been confirmed just shows that the Republicans are desperate for some kind of fight with President Obama. There are times when being quiet and letting things play out is better than chasing wind mills.

Well, who ever Judicial Nominee X is, they will likely be facing some tough decisions including whether or not to continue the Defense of Marriage Act, and Don’t Ask, Don’t Tell.

Bridgette “Sei” LaVictoire is a trans-lesbian who lives in Vermont and has a strong passion for LGBTI rights. She has a BA in History and her hobbies include sci-fi, anime, fantasy, action movies, video games, and more. Currently, she is working on her MA in Individualized Studies at Goddard College. Her specialization is in cultural history and cultural comparison.