Sonia Sotomayor Could Be on Obama's Short List for Replacing Souter

U.S. News and World Report
By Alex Kingsbury
Posted May 11, 2009

President Obama has been vague about what type of jurist he intends to nominate to replace retiring Justice David Souter on the nation's highest court. There's no end of speculation about what the president means when he says he's looking for someone with "heart and empathy" and a keen understanding of "how our laws affect the daily realities of people's lives." But many think that means he intends to diversify the bench.
Indeed, analysts largely agree that Obama is looking for a candidate with a hard-knocks background and wants to appoint either a woman or a minority jurist. That puts Sonia Sotomayor, a woman of Puerto Rican descent from the Bronx who is a federal appeals court judge, atop most short lists. Others mentioned include Solicitor General Elena Kagan, Circuit Court Judge Diane Wood, and Pamela Karlan and Kathleen Sullivan, both professors at Stanford Law School.
Vetters and opposition researchers are zeroing in on Sotomayor, the perceived front-runner. A video from a 2005 forum at Duke University recently surfaced in which Sotomayor appears to jokingly refer to the Court of Appeals "making policy" (a phrase sure to enflame conservatives). But the case most mentioned by critics is her concurrence in a ruling against a group of white Connecticut firefighters who sued over a hiring policy that gave preference to minority candidates. The reverse-discrimination case was appealed to the Supreme Court, which has yet to issue a ruling.
It's both ironic and fitting, court watchers say, that Sotomayor may face the most scrutiny over an affirmative action ruling. Such cases are among the most contentious and intractable in the realm of civil rights issues. If Sotomayor is nominated, it will imply that her gender and lineage, in addition to her legal work, recommend her for the position. Of course, a diverse heritage and background aren't always indicative of a justice's take on civil rights. David Souter, who was a civil libertarian, became a staunchly liberal advocate in civil rights cases over the years. "The next justice will have to fill Souter's enormous shoes in terms of civil rights decisions," says Barbara Arnwine, executive director of the Lawyers' Committee for Civil Rights Under Law. "The list of potential candidates is noteworthy not only because of the diversity of the candidates themselves but also the strength of their legal work."

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