If the “middle” is the sweet spot of what people in the country want, most of the so-called moderates are well to the right of it. Of course, our “leaders” should be driving public opinion in a positive direction, not following it… but listening to the people would be a vast improvement.

In fact, though, when people in DC talk about the “middle,” they mean a spot midway between left and right, which only exists in their minds. That mythical spot is a moving target — and its movement has all been to the right, going back to Reagan at least. As many people have remarked, Nixon would be way to the left of what Washington now considers to be the middle.

It’s not an either-or proposition. I say, get the leftmost justice we can get while playing the usual political games (no nanny problems, etc.), of course taking into consideration how persuasive the nominee would be to the other justices (in league with Ginsburg, Stevens, & Breyer).

The right has used the Overton Window for years to push the agenda — and the “middle” — in their direction. And then when it’s our turn, our “leaders” always compromise, with the result that the rightward drift continues.

Bipartisanship is dead. “Nonpartisanship” is often a euphemism for finding lukewarm half measures that won’t offend anybody (which, with the Republicans ready to be offended at every moment, is impossible). Let’s win some for OUR side for a change. The Supreme Court pick is a great opportunity to do just that.

Ideological leftists are folks that are in the Revolutionary Young Communist League or the Earth Liberation Front. Unlike hard ideological rightists (members of anti-abortion, the NRA, anti-evolution groups) none of these have ever entered into either the Executive, Legislative or Judicial branches of government.

I agree about the ratchet effect. Right now we need a progressive, but one that is able to converse with the “middle”…to pull them over. Souter lost his energy. He wasn’t a battler. We need someone who can bend (though not break) some arms.

http://www.politico.com/blogs/…..Obama.html

It would be nice if this person were also persuasive, but as others have pointed out already, what he (or more likely in this case, she) will be trying to persuade others to think is important.

re: wigwam @ 62, I think Glenn Greenwald would be a terrific choice. But then, I’m not a lawyer.

I’d like to see a real liberal on the Supreme Court. Somebody on the fence is more likely to be convinced by, than to convince the “true believers”. Republicans appoint right wingers, but the Democrats are expected to appoint “moderates”, and by moderates I mean conservatives.

Justice Scalia is an example of a Supreme Court Justice who places political ideology above the Constitution. A Supreme Court Justice who placed Liberal, or conservative-lite ideology above the Constitution would be almost as bad. Although they would occasionally cancel out Justice Scalia’s vote.

I’d like to see a Supreme Court Justice who has an expansive view of all our Constitutional rights, not just the ones that are currently poplar with one party or the other.

Here are two links. One is a brief bio and the other is talk re Brown as featured speaker at Duke last year. It’s about 50 minutes long, and provides insights into her style and mind.

http://www.law.stanford.edu/directory/profile/32/

http://www.law.duke.edu/webcas…..al+Lecture

(Judge Fletcher’s talk ain’t bad either.)

Your points all are well enough taken. The problem is that Justice Ginsburg, a moderate called liberal because women’s moderation tends to look “liberal” to white male centered eyes and because of the extreme rightward lean of the Court, has been in precisely the position you dicuss as have Justices Breyer and Souter. Their apparent failures should be attributed to inadequate social skills by your reasoning. Further, equality “means not having to say you’re sorry (YUCK, sorry).” That is, the new Justice would get along just fine simply because she/he would not have to. Finally, I can’t think of examples of left ideologic legal reasoning which is to say that I can’t recall any from the left reasoning from conclusion as seems the predisposition of the right.

I am personally surprised roberts has those kinds of social skilz

if you believe, as many of us do, he is a deeply closeted man, well developed social skills would be an integral part of that package