Justice John Paul Stevens picked just the right moment to step down from the Supreme Court. By announcing his departure at the end of the current term, the hope is that President Barack Obama can name a suitably liberal successor without having to deal with a Senate that will be inevitably less blue, and less friendly.

But nothing is ever easy in Washington, D.C., and replacing Justice Stevens will be no exception.

The proximity of the upcoming nomination to the fall elections presents an interesting dynamic. On the surface, it may appear as though this is the last chance Obama has to easily appoint a consistently liberal judge, since Republicans lack the votes to mount very much of a challenge. But by the same token, with November looming, the president surely realizes he cannot overstep his bounds by nominating someone who is too controversial or considered to be outside the mainstream.  

Obama must walk a difficult tightrope, balancing the desire to find an acceptably liberal replacement for Justice Stevens with the fear of potential backlash in the voting booths this fall. The last thing he wants to do is force his Democratic allies, especially those swing-state senators up for re-election, to confirm a liberal activist judge.  

For this reason, you can expect Obama’s nominee to be viewed as fairly reasonable. Republicans, of course, will not be enamored by anyone that Obama chooses, but they will be seen as petty obstructionists if they spend too much time railing against a moderate appointment.

Even if Republicans had the votes and desire to orchestrate a filibuster to block Obama’s nominee, the president would simply name another one. This process is a different animal from the senatorial battle over health care reform. It would be highly surprising if Republicans took serious steps to prevent Obama’s appointment from taking a seat on the bench.
 
Instead, the GOP must focus on using the upcoming confirmation process to its political advantage.

Republican senators, through their questioning at the confirmation hearings, will intend not so much to block the nominee as they will attempt to speak directly to the American people. You can rest assured that the issue of health insurance will be front and center.

It would be strategic for Republicans to continue to emphasize the health care debate at a time when Democrats are eager to move forward into financial regulation and immigration reform. A serious legal question can be raised about whether it is unconstitutional for the government to mandate the purchase of health insurance.

Republicans should hammer away at this during confirmation hearings. Put Obama’s appointment on the spot. Sure, modern day nominees are renowned for playing coy and avoiding questions. But by not providing coherent answers, the prospective justice will be doing great harm to the Democratic brand.
Given how the political climate has changed over the past year, the American public will be particularly unreceptive to a radically liberal nominee. Republicans must harness energy from the Tea Party movement and recognize that the most pressing issues at the moment are those of government size and spending. The usual divisive social issues, such as abortion and gay marriage, have taken a backseat on the national stage.  

Granted, if the administration properly vets potential candidates, the president is likely to get his first choice through the Senate. This may prove to be a pretty big ‘if,’ however, given that Timothy ‘Back Taxes’ Geithner managed to earn the post of Secretary of the Treasury. He represents just one of numerous vetting blunders committed by the Obama administration.

Considering that Obama’s signature piece of domestic legislation is bound to receive legal challenges that may eventually wind up in the Supreme Court, the importance of this nomination cannot be overstated.  

If Republicans manage to play their cards right, Democrats may wind up lamenting that Justice Stevens did not retire one year earlier.
 
Jimmy Paul is a junior political science major. His columns appear weekly. He fully supports Jamie Dimon as this year’s graduation speaker. He can be reached at jdpaul01@syr.edu.

Published on April 21, 2010 at 12:00 pm