Reidblog [The Reid Report blog]

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Thursday, May 29, 2008
The 11 percent solution
Aussie journalist Russell Coker, whose site you can find here, alerted me to this very interesting article in the Washington Post, putting forward what could be the solution to the nettling question of "what to do with her..."
...It's likely that the next president will face at least one Supreme Court vacancy. Obama should promise Hillary Clinton, now, that if he wins in November, the vacancy will be hers, making her first on a list of one.

Obama and Clinton have wound up agreeing on nearly every major issue during the campaign; at the end of the day, they share many orthodoxies. Unless the Supreme Court were to get mired in minuscule details of what constitutes universal health care, Obama could assume that he'd be pleased with most Clinton votes, certainly on major issues such as abortion.

Obama could also appreciate Clinton's undeniably keen mind. Even Clinton detractors have noted her remarkable mental skills; she would be equal to any legal or intellectual challenge she would face as a justice. The fact that she hasn't served on a bench before would be inconsequential, considering her experience in law and in government.

If Obama were to promise Clinton the first court vacancy, her supporters would actually have a stronger incentive to support him for president than they would if she were going to be vice president. Given the Supreme Court's delicate liberal-conservative balance, she would play a major role in charting the country's future; there is no guarantee that a Clinton vice presidency would achieve such importance.

For nearly a year and a half, Clinton has been fighting a bruising battle. Many appointees and officials from her husband's administration have turned their backs on her; she has lost the support of friends she had every reason to believe would stand by her. She has campaigned tirelessly only to discover that, according to polls, more than half the populace mistrusts her. Yes, she can still hope for 2012 or 2016, but why trust that she will be viewed differently next time around? (A recent CNN "quick poll" found that nearly 70 percent of respondents believed someone other than Clinton would be the first female president.)

Instead of subjecting herself to a long wait and another possible defeat, she could don one of those roomy black robes, make a potentially ineradicable impact on the course of the republic -- and never again have to worry about being liked. ...
Now, I have heard theories about what it would cost to get Hillary Clinton out of the race, and the subject of putting her husband on the Court has come up. This is the first time I've been provoked to think about the Court, rather than the New York governership (too provincial), the Senate Majority Chair (too audacious -- she's down in the 40s in terms of seniority, moving her up would step on a lot of toes...) or the vice presidency (never ... going ... to ... happen. Get over it, Clintonettes.) And you know what? I LIKE IT!

Of course, Obama probably couldn't openly declare his support for handing Clinton 11.1% of the nation's highest court, both because it would energize the right -- particularly the religious right -- on one of their most fundamental issues: activist judges (read "abortion,") but also because it doesn't quite seem appropriate to declare your court nominee before (her) time. But the idea that Clinton could ascend to the SUPCO (hey, since her husband has relinquished the "first black president" title, we could call her the "real holder of the Thurgood Marshall seat...") while not as ground-breaking as becoming the first female president, would give her lasting power and influence, things it's clear she desperately craves. A seat on the Court would put Hillary in a position to extend her influence beyond the limited shelf life of the presidency, while freeing her from that bothersome ambition, which has brought her, and her husband, so low in the esteem of former supporters (myself included.)

So I'd at least back-channel it if I were Obama's team, to top Emily's Listers, to League of Women Voters heads, and through his new pals at NARAL (national -- the local NARAL's are probably still pissed off...) and see what happens. So long as they can find a way to filter the hope of an appointment down through the ranks without blasting it on their MySpace, it just might make a difference.

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posted by JReid @ 8:20 AM  


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