WASHINGTON — On the verge of choosing his first Supreme Court nominee, President Barack Obama has already provided a profile of the person he is likely to pick: an intellectual heavyweight with a “common touch,” someone whose brand of justice means seeing life from the perspective of the powerless.
Obama says he wants to give the Senate a traditional 70 days to confirm his nominee — which, by the calendar, means he plans to announce a pick this week.
He has interviewed at least two finalists for the position, according to an official familiar with Obama’s thinking who spoke on condition of anonymity because of the sensitivity of the matter. One of those interviewed is federal appeals court Judge Diane Wood, officials said last week.
His words, his young presidency and his own life experience reveal what the nation should expect — and help explain how the president is making a decision that will endure long after he leaves office.
“You have to have not only the intellect to be able to effectively apply the law to cases before you,” Obama said in an interview Saturday on C-SPAN television. “But you have to be able to stand in somebody else’s shoes and see through their eyes and get a sense of how the law might work or not work in practical day-to-day living.”
That quality — Obama calls it empathy — is a huge factor in picking a successor to retiring Justice David Souter.
Among the others Obama is weighing: judicial philosophy, intellectual sway, gender, ethnicity, age and the politics of Senate confirmation.
He is expected to choose a woman, and perhaps someone who is Latino, but insists he will not be “weighed down” by demographics.
Ultimately, it might come down to an intangible — how well the nominee resonates with Obama. A president’s tenure will last at most eight years, but his choice of a Supreme Court nominee could affect the course of the nation for a generation, and his personal legacy for even longer.
The six people known to be under consideration are: U.S. appeals court Judges Sonia Sotomayor and Diane Wood, Solicitor General Elena Kagan, Michigan Gov. Jennifer Granholm, Homeland Security Secretary Janet Napolitano and California Supreme Court Justice Carlos Moreno.
Under consideration.
What Obama is looking for in a Supreme Court justice
Gender: Five of the six people known to be under consideration by President Barack Obama are women. The nine-member court now has only one woman, Ruth Bader Ginsburg.
Intellectual prowess and personality. On a court with a 5-4 split, Obama might decide to go with someone deemed to have the oratorical ability to match up with conservatives such as Chief Justice John Roberts and Justice Antonin Scalia.
Philosophy. Obama favors abortion rights, and although he has spoken against applying a so-called litmus test, he says he will not nominate someone who does not believe in a right to privacy. He is also inclined to pick someone who shares his view that the Constitution is to be interpreted in light of today’s realities, not those of the founders.
Age. Obama is likely to favor someone who could serve on the court for decades. Seven of the nine justices are at least 60 years old.
Diversity. Obama is poised to please or dismay leaders of the Latino community with his choice. The court has never had a Latino justice. At least two of Obama’s finalists are Latino.
Experience. The current court is composed entirely of former federal appeals court judges. Obama is considering candidates who have gone that traditional path but has also spoken favorably of finding someone outside the court system.
Confirmability and cooperation. Barring a huge problem, Obama’s choice is expected to be confirmed in the Senate, where Democrats hold 59 votes. But part of the political calculation is how smoothly the nominee will get through.
