I know, I know, the 42nd President of the United States of America totes around just a little baggage – that whole impeachment thing – but appointing him to the Supreme Court may not be as crazy as it seems at first blush.
Consider four reasons why it would make sense for Barack Obama to put the former president where no former president has been since Warren Harding put William Howard Taft on the court in 1921.
- Obama needs a politician as much as a judge. Since he announced his retirement, much of the commentary about the long and distinquished career of Justice John Paul Stevens has focused on his remarkable ability to work the inside game on the Court, create a majority from time-to-time, provide intellectual leadership and craft the brilliant dissent that might eventually lead to a majority. Even his worst detractors would have to admit that Bill Clinton is a great politician; the smoozer in chief. You can just see him walking over the Justice Anthony Kennedy’s chambers and working his magic. Obama needs a person with Clinton’s political and personal skills to try and replace Stevens.
- Clinton is a still young 64. If he lays off the cheeseburgers, he could spend a decade or more on the Court and be a huge player from the first day. We have no real tradition in America of getting value out of former presidents. We should. They leave office and are left to their own devices to find a way to put all the experience gained in the Oval Office to beneficial use. As a country, we invested a lot in the guy. Might as well get our money’s worth.
- Obama will want to appoint a liberal to the court, but must be careful not to appoint too much of a liberal. Clinton would bring to the confirmation process a legitimate resume as a centrist, but with a liberal’s instinct for social justice and real sensitivity to race and class. The guy is a moderate southern liberal to the soles of his big feet. Obama would get his liberal without the obvious confirmation battle that would come by naming some liberal Appeals Court judge with a long paper trail. In spite of Monica, Clinton is emminently confirmable. Is the GOP senate really going to filibuster a guy who was the only Democrat since Franklin Roosevelt elected to two terms? His favorability late last year was 64%, a darn sight better than anyone else in public life these days. Added plus: the confirmation hearing will be must watch TV. I can’t wait for the questions from Jeff Sessions and Orrin Hatch.
- Finally, being on the Court would be good for the guy and good for his wife. Clinton has established his foundation and done good work on AIDS prevention and other issues, but his portfolio as a former president is limited. Being the new guy, the new intellectual heft on the Court, might give him real purpose. Add to that the fact that more even than now, with Hillary at the State Department, he would need to mind his P’s and Q’s. Purpose for him, room for his wife. A twofer.
I’m betting Bill Clinton has never thought of Will Taft as a role model, but he should. Taft, the former president, became a hugely influential member of the Court. Of course, Taft had the advantage of being Chief Justice, but do you think for a minute that current Chief John Roberts wouldn’t be taken aback – intimidated even – by Justice Bill Clinton, every bit his intellectual equal, sitting in conference with him. It might be enough to open the Court to C-SPAN. With his political knowledge, international reach and good ol’ boy smarts, Clinton will quickly become the intellectual force in the Committee of Nine that is the Supremes.
I won’t be holding my breath for this appointment to happen, and its much more likely that a Clinton on the Court would be named Hillary, but if Obama really wants to make his mark on the Supreme Court for a long time to come, he won’t find a bigger or more effective justice than Elvis, the former president that is.