Supreme Court vacancy

White House: Obama Won't Make Cautious Court Pick Because GOP Will Oppose Whoever He Nominates

Christina Bellantoni | April 20, 2010, 11:14AM

President Barack Obama

President Obama thinks Republicans will engage in a full battle over his Supreme Court nominee regardless of the person's ideological leanings, and in some ways "that realization is liberating for the president" to choose whomever he pleases, an administration official told TPMDC.

In comments that are at odds with the conventional wisdom about what Obama needs to do to make sure the Senate confirms his nominee to replace John Paul Stevens, a White House official involved in the confirmation process tells TPMDC that the President isn't taking a cautious approach to selecting a nominee. Despite having one less Democrat in the Senate than when Sonia Sotomayor was confirmed last year, the administration isn't limiting itself to reviewing only centrist candidates for the court vacancy, the official said.

"It doesn't matter who he chooses, there is going to be a big 'ol fight over it. So he doesn't have to get sidetracked by those sorts of concerns," the official told me. The GOP has attempted to obstruct "anything of consequence" put forth by the Obama administration since he took office, the official said. "The president is making this decision with a pretty clear view that whoever he chooses is going to provoke a strong reaction on the right," the official added.

The White House seems confident that because Democrats allowed votes on President George W. Bush's nominees, the 41 Senate Republicans won't stand in the way with the highly unusual judicial filibuster this year. After all, nine GOPers voted in favor of Sotomayor last summer in a relatively smooth fight for the president's first Supreme Court nominee. But this is a different year. Obama isn't just down one Democrat in the Senate, he's facing a frustrated electorate, a polarized nation and looming midterm elections that have Democrats from both chambers on the ropes.

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Health care lawsuits

Conservative SCOTUS Group: Health Care Lawsuits 'New Blood' For Confirmation Hearings

Christina Bellantoni | April 19, 2010, 11:43AM

The U.S. Supreme Court building and President Barack Obama

Note to President Obama's future Supreme Court nominee: get ready for questions about whether it's legal to mandate health insurance coverage. Conservatives geared up for a fight on the confirmation of Obama's choice to replace retiring Justice John Paul Stevens are increasingly saying they want to make health care the big issue.

There is agitation on the far-right to push these state lawsuits challenging health care reform as the next litmus test for a nominee, especially given the looming midterm elections that are likely to be fought over the sweeping health care overhaul Democrats passed this spring.

"This is the new blood for this public policy battle," Tom Fitton, president of Judicial Watch, told me in a recent interview.

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