Jonathan Turley Should Fill Supreme Court Vacancy

In reaction to Justice Stevens' retirement, the main question many people are asking centers on the political direction of the Supreme Court. Right-wing pundits are afraid that Barack Obama will pick an ultra-liberal person, while the battered and bruised progressives worry that the moderate direction that the President took last year, with the selection of Sotomayor, may be repeated once again, thereby sealing the fate of the progressive cause in the Supreme Court. But there is one thing that seems to be missing in this whole conversation; what about the Constitution and the rule of law? Surely, both the right and the left can come to the agreement that the Supreme Court should be an apolitical government body, staffed with principled and honest men and women who prize the interests of all, and seek in their decisions the protection of the rule of law, liberty, and the sacredness of the Constitution. Does it take a liberal to see that torture is a barbaric act, a stain on human civilization? Does it take a conservative to see that freedom of speech is beyond reproach, and should be defended at all cost?

Drawing up ideological battle lines, and locking arms on behalf of one side has already done enough harm to the country as a whole. True, I am not an American, but it is my belief that America needs to be the leading voice of common sense and liberty in the world, and installing intelligent Judges in the Supreme Court who are uncompromising on the rule of law and the principles of freedom will play a big part in restoring America's standing in the world. A politically disinterested and high-IQ Supreme Court can't be filled by individuals because of their ideology, or their cultural, social or political backgrounds. Such an important authority needs individuals who have historical eyesight, an abundance of intelligence, and moral integrity. The Court needs a man who has been consistently calling for the accountability of illegal wiretapping, torture, secret prisons, presidential assassinations, and a host of other illegal practices; the Court needs, in two words, Jonathan Turley.

Jonathan Turley is a professor of law at George Washington University Law School, where he is also the Shapiro Chair for Public Interest Law. His blog was recognized as the top law professor blog and legal theory blog by the American Bar Association Journal in 2008. In a study done by Judge Richard Posner, Turley was ranked 38th on the 100 top most cited public intellectuals list, and also, the 2nd most cited law professor in America. He is also a frequent guest on television, and has served as a legal commentator during many national controversies in the last decade.

Turley is not an obvious choice, and certainly there are other front-runners; Harold Koh, Diane Wood, Elena Kagan, just to name a few. But I think Turley has proven over the years that he will stand by the rule of law even when popular opinion is against it, and he is not swayed by liberal politics, or by right-wing politics. He is also very accomplished, and is highly respected by his peers. Plus, his intelligence, understanding of the Constitution, and communication abilities puts him, in my view, ahead of the pack. And I'm not the only one who thinks he should be selected. Brad Friedman at Brad's Blog has also called for the appointment of Turley to the Supreme Court. And last year another blogger made the suggestion that Obama should pick Turley.

Who do you think should replace Justice Stevens? And what are your qualifications? If you're interested, read this article by Hal Lillywhite about what makes a good Supreme Court Judge. According to him, the five things that a Judge must have, 1) Possess Integrity, 2) A Commitment to the Constitution, 3) Political disinterestedness and the subordination of personal belief to the interests of the law and Constitution, 4) Intellectual Vigor, and 5) A Deep Knowledge of the Constitution.

Here are what some officials said about the legacy left behind by Justice Stevens: (Courtesy of The NY Times)

''Justice Stevens' unique and enduring perspective is irreplaceable; his stalwart adherence to the rule of law is unparalleled. The federal judiciary, and indeed the entire nation, will miss his principled jurisprudence.'' --Sen. Patrick Leahy, D-Vt., chairman of the Senate Judiciary Committee.

''Even if Justice Stevens' liberalism has led to many decisions I oppose, I respect his devotion to the institution and the gentlemanly manner in which he always carried out his work.'' --Senate Republican Leader Mitch McConnell, R-Ky.

''Justice Stevens' commitment to expanding freedom, safeguarding our rights and liberties and understanding the challenges faced by ordinary Americans will be his legal legacy. He has had no judicial agenda other than fidelity to the law and the Constitution.'' --Majority Whip Dick Durbin, D-Ill., a Senate Judiciary Committee member.

Here are links to some of Turley's articles:

Unequal Votes (USA TODAY, April, 8, 2008)

Terri Schiavo and How Temptation Can Top the Constitution (Turley's Blog, August 20, 2007)

The Free World Bars Free Speech (Washington Post, April 12, 2009)

Americans Who Authorized Torture Should Be Prosecuted for War Crimes (US News & World Report, May 18, 2009)

A liberal's lament: The NRA might be right after all (USA Today, October 4, 2007)


And here are some of his past appearances on MSNBC:

Turley on Citizens United v. FEC - Jan. 2010



Turley on Prosecuting NSA Spying, & Torture - Feb. 2009


Turley on Bush DOJ Attorneys Getting Off The Hook For Their Torture Memos - Feb. 2010


Turley on Rice's Acknowledgment of Bush Administration War Crimes - May 2009


Turley on President Obama Obstructing Justice and The Rule of Law - April 2009


Turley on US Terrorism Policy - Feb. 2010


Turley on Obama's Refusal to Indict Cheney - Nov. 2009


Turley on Legality of Drone Strikes - Oct 2009

Experience should teach us to be most on our guard to protect liberty when the Government's purposes are beneficent. Men born to freedom are naturally alert to repel invasion of their liberty by evil-minded rulers. The greatest dangers to liberty lurk in insidious encroachment by men of zeal, well-meaning but without understanding.
- Justice Louis D. Brandeis

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