Enduring America Suggests: William Jefferson Clinton for the Supreme Court

Last week, when Mr Justice David Souter announced his resignation from the Supreme Court, the announcement prompted the usual outbursts from talking heads and scribbling pens. The Bar Associations of 50 states, legal journalists, political editors, shock-jocks, reporters, and Supreme watchers rushed to give their points of view to the nation and their recommendations to the President. Indeed, for a few days after Souter’s announcement, there was as much fuss about the Supremes as the announcement years ago by Diana Ross that Berry Gordy was the father of her love child.

In England, the retirement of a member of our highest court, based in the House of Lords, is habitually met with silence. Few are troubled by it. In America, it is an occasion for high drama, and this time there is the twist that a black Democratic President will make the nomination. And there's also the tragi-comedy of recent history: who will ever forget George W. Bush saying, as he put forth White House official Harriet Miers, “She’s not got much experience or a legal record but trust me"?

The appointment of a Supreme Court Justice is a political process, not a legal one. Once Bush gave up on Miers, he was able to shore up the right wing of the court with Justice Samuel Alito. In his rulings, Alito repaid his backer tenfold, supporting large against small, strong against weak, might against right, and business against everyone. In contrast, George W. Bush's father never got it politically right: his appointee Souter turned out to be a liberal and balancing voice. Clarence Thomas, has had no voice at all: all those years on the bench and not one lead opinion delivered. He could outdo American's Taciturn President, Calvin Coolidge, in a vow of silence.

Arguably, the best example of a presidential nomination gone wrong was when President Dwight Eisenhower chose Chief Justice Earl Warren in a political deal. Warren, the Governor of California, withdrew from the 1952 Presidential race and, as a reward, Ike put him on the Bench. Years later, Eisenhower Ike went on record that the appointment was “the biggest damn-fool mistake I ever made”, as Warren turned liberal and led the Court in landmark decisions such as Brown v. Board of Education (desegregating schools) and Miranda (giving criminal suspects the right of silence).

So, with little trepidation and no eye on future reputation, I would ask Enduring America to put forward its nomination for the vacancy. Bearing in mind that Sandra Day O’Connor and Ruth Bader Ginsburg have been outstanding successes on the Bench, another woman could be chosen. There may also be political advantage if she were black or Hispanic, gay, and/or one-legged. Unfortunately, I cannot say that I noticed such a person in the names offered so far.

Instead, I put forth a man who ticks a lot of the required boxes. He came from humble beginnings, has done his best to champion the weak over many years as a political leader, is a supporter of gay rights, is a lawyer and a person of enormous intellect, and has huge experience of Washington DC and American government. If there were impeachment proceedings before the Supreme Court (for example, the dramatic revelation that Barack Hussein Obama had perjured himself when he denied he was Muslim), he would be in a position of experience to lead. And there is a precedent for his selection: William Howard Taft, the 27th President, later was appointed as 10th Chief Justice of the Court.

Yes, William Jefferson Clinton’s nomination as Justice of the Supreme Court should be an easy process. The Democrats will soon be able to prevent a filibuster in the Senate. And there's a bonus for Obama: Clinton’s move to the judicial branch prevents him supporting any Presidential run by a Ms Hillary Clinton in 2012.

In a country where anything is possible, President Obama should give this proposal at least ten seconds consideration.