More on Obama Changing Courts

In his article “Obama presidency could reshape courts,” Fred Barbash of “Politico” makes some of the same points as Northwestern’s Steven Calabresi. Like Calabresi, Barbish feels Obama,

through his appointments could have a profound impact on the judiciary for decades to come. In fact, Obama stands a greater chance than any Democratic President since Lyndon Johnson of making an impact on the both the appeals courts and the Supreme Court, especially if the Democrats get 60 seats in the Senate, which must confirm appointments.

And Barbish also spots that “Obama’s ideal appointee recognizes ‘who the weak are, and who the strong are in our society,’” setting the table for judges who place empathy ahead of justice.

Both Obama and ex-Judiciary Committee chair Joe Biden care greatly about the courts. Barbish quotes Harvard Law School’s Cass Sunstein, an Obama friend, advisor and former faculty colleague at the University of Chicago Law School saying, “The first thing to know about Obama, which hasn’t gotten sufficient attention, is that he is himself appointable to the Supreme Court. He is a constitutional specialist who has taught for many years,” and who “is obviously alert to the fact that there’s been a rightward drift on the court.” And as Biden put it, “the ideology of [the] judge makes a big difference.”

A big difference. Understatement.