May 3, 2009

Openly gay justice

Politico.com reports that some groups are lobbying Obama to nominate an openly gay Supreme Court Justice. Given that the U.S. Supreme Court is the country's highest profile affirmative action battleground — and the only place nobody seems to complain* about it — it's not any more or less remarkable than lobbying for a black woman, an Asian, or an atheist.**

The openly gay nominee they have in mind is Kathleen Sullivan, a Stanford University law professor who notoriously failed the California bar exam in 2005. It was an insignificant blip in an otherwise impressive career, but for some Republicans on the Senate Judiciary Committee, it would be mouthwatering red meat.

I'm thinking particularly of Oklahoma's Tom Coburn, a physician who is baffled by legal terminology and who attempted to get now-Chief Justice John Roberts to stipulate that mentioning foreign law is an impeachable offense under the United States Constitution.

Roberts refused to, obviously.

Speaking of the Senate Judiciary Committee, where Arlen Specter was the ranking member, the Republicans are reportedly set to announce his replacement on Tuesday.

Orrin Hatch of Utah is the next most senior GOPer. Hatch has already had a few kicks at the can, and term limits prevent him from taking the job again. After Hatch comes Iowa's Charles Grassley, but he is already the ranking member on the Senate Finance Committee, and you can't retain that status on two committees.

Which leaves us in the company of the comically petulant Senator from Alabama, Jefferson Beauregard Sessions III. As the Recess Supervisor puts it, "God help us." I say, bring him on.

* Except for, ironically, Clarence Thomas.
** Fat chance of the latter, although it would provide for the most entertaining Senate committee hearing of all times.

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