In a 2005 article entitled “Souter-phobia”, Fred Barnes opening paragraph states that for conservatives Souter’s “elevation to the High Court was a mistake for the ages”.
It is hard to underestimate the damage done by that selection by President George Herbert Walker Bush. Edith Jones would have been a magnificent Supreme Court justice as she has been a magnificent judge for the United States Court of Appeals for the Fifth Circuit.
Edith Jones became only sixty years old on April 7th of this year. If President Bush had selected Edith Jones, there would be no Sonia Sotomayor to consider. Instead, we would have a wonderful Supreme Court justice who would hopefully be serving for another fifteen to twenty years.
David Souter has been as reliable or nearly as reliable as for liberal causes as a Supreme Court justice as Ginsburg and Breyer.
Whether the selection is Sonia Sotomayor or another candidate, there is no doubt that President Obama will select a solidly liberal candidate. Liberal presidents don’t make mistakes when choosing Supreme Court justices. As Bill Clinton selected two left-wingers, Breyer and Ginsburg, so shall Obama select two or three left-wingers during his term in office.
With Edith Jones on the Court, the awful Roe v. Wade ruling truly may have been in jeopardy of being discarded. Instead, we have John Sununu and Warren Rudman among others to thank for Souter.
Harriet Miers would have been Souter, part two.
Possibly the most significant aspect of George W. Bush’s legacy as president is the appointment of Chief Justice John Roberts and Justice Samuel Alito, two wonderful justices. I wish that President Bush 43 could have appointed one more justice, preferably J. Michael Luttig.