Serious changes could be made to the Supreme Court during President Barack Obama’s administration, two government professors said during a panel at Batts Hall on Thursday night.
Sarah Weddington, an adjunct government professor, said she believes as many as three Supreme Court justices could retire during Obama’s administration, including Ruth Bader Ginsburg, John Paul Stevens and David Souter, all of whom are considered among the liberal wing of the court.
Ginsburg, 76, was recently diagnosed with pancreatic cancer, while Stevens — the oldest member of the Supreme Court at 89 — has had health problems as well, Weddington said.
She said she believes Souter is unhappy in Washington and could retire to go home to New Hampshire.
“Justice Souter doesn’t like Washington, but I just don’t believe that someone gives up the Supreme Court just because they don’t like the town,” Weddington said.
With the current division of four conservatives, four liberals and the tie-breaking ninth justice, Anthony Kennedy, Weddington said every seat is important and could effect the Supreme Court’s makeup and how it votes.
Associate government professor H.W. Perry Jr. said liberal justices might consider retiring now with a more liberal president in office, but he said there are more things to consider beyond the political affiliation of a new justice.
“Most people begin talking about alignment in the court — more conservative or liberal — but those of us who study [the Supreme Court] know that it’s more complicated than that,” Perry said.
He said Obama is considering several candidates in the event that a justice were to retire, including Sonia Sotomayor, a justice on the U.S. Court of Appeals; Massachusetts Gov. Deval Patrick, a Democrat; and Solicitor General Elena Kagan, former dean of the Harvard Law School. Perry said that their race, gender and position should all be taken into consideration.
“There’s been a real change in the makeup of who makes it to the Supreme Court,” Perry said.
He said many suggest Obama will take someone unaffiliated with the federal judiciary, branching from the current trend of picking from within the system. Perry said many past Supreme Court justices who have made serious impacts were not judges prior to their appointments.
With issues such as affirmative action, gay marriage and statutory interpretation all ripe for discussion in the Supreme Court, Perry said he thinks a new justice would sway the vote on important social issues.
Government senior Garrick Smith said he thinks it is important that students understand why Obama’s administration could change the face of the Supreme Court so that they can make educated decisions when voting for their legislators.
“For an unelected body, [the Supreme Court] has a tremendous impact on our rights and our structure of American government,” he said.
