• commentary
  • TUESDAY MAY 12 2009 6:00 AM

SCOTUS: Let’s Go Gay

Obama’s going to pick a Supreme Court nominee this year. This will be the first time we are going to have a justice picked by a non-asshole since the 90’s. Besides just a non-asshole, it’s the first time a president will pick a justice based on their credentials, instead of their insane right wing leanings and destructive business loving opinions. In all seriousness, if Justices Roberts and Alito could actually go down on corporations, they would. So this is a big deal. That’s why I think Obama should pick a gay woman. That doesn’t make sense after everything I just said, does it? Like I give a shit.

Let’s go gay. Let’s show the right wing what it feels like to watch an Alito take a seat on the bench. At least we can watch the right wing freak the fuck out and Senators filibuster for no other reason than because there might be a gay person on the bench. It’s a win-win. Do we have a gay woman who is qualified? Of course. Her name is Kathleen Sullivan.

Sullivan graduated from Cornell in 1976, did a little Oxford Scholar action for a couple of years, then graduated from Harvard Law School in 1981 (cough, cough, Obama, Harvard, cough). Harvard law professor Larry Tribe brought Sullivan on to work with him on a Supreme Court case and was quite impressed.

"Her sense of the most persuasive way to cast the issues and her rhetorical command were remarkable for any lawyer, much less a student. It was clear to me that I was dealing with the most extraordinary student I had ever had."



Sullivan went on to clerk for Judge James Oakes on the U.S. Court of Appeals for the Second Circuit. She worked for a couple of years in Boston for a law firm and was then recruited by Harvard as a professor – where she taught, ahem, Constitutional Law. At the same time, she was working it as a lawyer.

She was co-counsel with Tribe for the Georgia ACLU in Bowers v. Hardwick, an unsuccessful 1986 challenge to Georgia’s sodomy law as a violation of privacy rights, and in Hawaii Housing Authority v. Midkiff, a successful 1984 defense of Hawaii’s land reform act against a taking clause challenge. Sullivan was the last attorney, following in a long line that began with James St. Clair ’44 (’47) and Professor Alan Dershowitz, to represent Frederick Wiseman in the "Titicut Follies" case, which has long been the basis of HLS’s federal litigation course. The case involved a gag order on a 1967 film about Bridgewater State Hospital; the gag order was finally lifted in 1991, when the judge decided that the subjects of the film would no longer be recognizable. Sullivan’s roster of cases also includes Anderson v. Green in which she made her second solo appearance before the Supreme Court in 1995, arguing on behalf of the right of newly entered poor mothers in California to receive AFDC benefits at the same level as longtime California residents. Sullivan says she won by virtue of mootness, and that the case is back on the Supreme Court docket this year.



Sullivan moved to Stanford Law School in 1993, where she became dean in 1999. In 2004, she stepped down as dean to become the director of the new Stanford constitutional law center. Oh, and she is the Stanley Morrison Professor at Stanford Law School. She is super qualified for the position. Oh, and she represented Mitch McConnell at one point. You know, Republican Senator Mitch McConnell, also known as Senate Minority Leader Mitch McConnell. I’d love to watch Republicans mount a campaign against a supremely qualified lawyer who once represented their Minority Leader. It’s like a gift from God.

For Republicans it would come down to one thing: Her sexuality. And the time for this battle has come. Let’s watch our insane religious lunatic lawmakers try to take on an openly gay litigator who is far better than any of them.

A 1983 case Tribe and Sullivan worked on together involved defending the city of Boston’s policy of giving hiring preference to Boston residents on city construction projects. "I’m not sure I would have won without her," says Tribe, noting that he and Sullivan had a formidable opponent in Susan Estrich, who helped to represent the other side. "This was Susan’s first exposure to Kathleen, and Susan was immediately impressed by what a powerhouse we had in our midst." Estrich recalls having felt confident that her side would likely win the case, until she received a daunting reply brief coauthored by someone named Kathleen Sullivan: "I turned to my research assistant and said, ‘Who the hell is Kathleen Sullivan?’ I vowed never to be on the other side of this woman again. And I haven’t been. And I won’t be."



Kathleen Sullivan for SOTUS. Fucking bring it on.


FearTheReaper is a writer, actor and stand up comedian. Check back each Tuesday and Friday for more from FearTheReaper

 

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Comments
emotedcreations

emotedcreations

Germany
July 2006

MAY 12, 2009 09:30 PM

each side has their fucking loons and i'm sick of all of them. i relish the day when cool minds can rationally exchange ideas, yet, I fear, the profit motive of commercial media has currently destroyed that motive. i long for a day when journalism actually seeks to procure facts and cure evils rather than promote agendas.

Cash

Cash

USA
OLD SKOOL

MAY 12, 2009 09:33 PM

FearTheReaper said:
Then it's a good thing that wasn't the point I was making.



Really? it seemed to be exactly the point you were making . Fill me in?

dholokov

dholokov

Toronto, ON
April 2003

MAY 12, 2009 10:54 PM

Sociodrunk said:

Toku666 said:

misandry said:
evil right wing...evil right wing. we get it. now instead of right wing judges, we will have left wing judges. Just as crazy, just as insane.



Um, you do realize that Antonin Scalia more or less thinks Jack Bauer is a real person and that Justice Roberts once ruled against a wayward 12-year-old girl that took a french fry on a subway, right?

It's not like any of the truly crazy left-wing type stuff would ever get anywhere near the SCOTUS, so please back your stuff up or stuff it.



in the states, the left wing have not come of age yet. just wait, though.

the french fry incident is NOTHING!

It's easy to jump down a right wingers throat to "back up their claims" just because of opinions. With the right left-wingers around and the states could go the way of Canada as far as courts.....
Ask anyone involved in Canadian media (besides the untouchable CBC) and they will tell you they are scared shitless to say ANYTHING that someone can twist into "hurt feelings" thus filing a human rights complain with the government.

In Canada we have a liberal regime. we have a "conservative party" that makes ralpg nader look like george bush..... and a human rights commision that fines family restaurant owners because they kicked out a pot smoker - A fast food joint was charged because they fired someone becasue they didn't want to wash their hands - finned someone for reprinted a danish cartoon (while saying nothing negative)of the prophet mohammed - banned a minister from ever preaching again because of his views (moderate to americans)on gay marriage - and cost taxpayers millions of dollars a year so moderate conservatives can defend their political incorrectness because people pretend to have "hurt feelings"
-all of this with no proof of anyone doing anything wrong. the HRC has a 100% conviction rate.
.



This is a common misrepresentation in the Canadian media, fuelled mainly by Ezra Levant and a few sympathetic outlets in the more mainstream media. It has precious little basis in reality. Despite the oft-trotted out stories you rehash above, Levant wasn't fined for publishing the anti-muslim cartoons (the complaint didn't get past the investigation stage), McDonald's WAS fined because they fired an employee with a skin condition without evaluating whether they could work around her handicap, and yes, a minister was fined for his hate-filled letter about his "war" on gays.

As for these new criteria for new judge, I think it rather reinforces my call for Subrosa to assume a place on the bench

biggrin

Chainlink

Chainlink

Key West, FL
August 2005

MAY 12, 2009 10:57 PM

emotedcreations said:
. . . i relish the day when cool minds can rationally exchange ideas, yet, I fear, the profit motive of commercial media has currently destroyed that motive. i long for a day when journalism actually seeks to procure facts and cure evils rather than promote agendas.



Booooring.

Toku666

Toku666

Columbus, OH
May 2004

MAY 13, 2009 05:21 AM

Sociodrunk said:
if this is what you want, so be it. but the left are not really aware at what could happen because it hasn't happened yet. if you think the left are not crazy, guess again. just as crazy as the right. we are all people.. instead they are becoming increasingly arrogant and trash anything right of center based on hatred.



Boy, it sounds like I know quite a bit more about Canadian politics than you know about US politics.

I didn't say those leftists didn't exist. I said they didn't have a snowball's chance in HELL of getting anywhere near a SCOTUS nomination. Those are two very different things. We have a President who scoffs at the idea that re-visiting US drug policy could have beneficial economic effects. What makes you think he's going to staff the Supreme Court with people from the "mandatory pre-school sex-ed" crowd?

Clinton had a whiffed Surgeon General nomination based solely on the fact that the woman in question was pro-masturbation. And that's just the Surgeon General, not a Supreme Court justice who will be in position for life.

You claim your Conservative Party makes Ralph Nader look like George Bush. That's a pretty strong claim, and would probably make Mr. Harper cry.

Toku666

Toku666

Columbus, OH
May 2004

MAY 13, 2009 05:23 AM

Sociodrunk said:
in the states, the left wing have not come of age yet. just wait, though.

the french fry incident is NOTHING!



In the States, the "left wing" will not "come of age" within our lifetimes.

The french fry incident indicates that we have a Chief Justice that will side with a police officer over a 12-year-old. "She was coming right at me with that french fry!" wink

Toku666

Toku666

Columbus, OH
May 2004

MAY 13, 2009 05:25 AM

Cash said:

FearTheReaper said:
Then it's a good thing that wasn't the point I was making.



Really? it seemed to be exactly the point you were making . Fill me in?



Didn't it seem to you like the strong suggestion was to deliberately make a politically-informed nomination choice? FTR can be a little noodley with his prose sometimes, but I think he was being pretty clear on this one.

Hooraydiation

Hooraydiation

Boston, MA
October 2005

MAY 13, 2009 05:41 AM

Toku666 said:
Clinton had a whiffed Surgeon General nomination based solely on the fact that the woman in question was pro-masturbation. And that's just the Surgeon General, not a Supreme Court justice who will be in position for life.



Wait, really? What was her name?

Toku666

Toku666

Columbus, OH
May 2004

MAY 13, 2009 05:50 AM

Hooraydiation said:

Toku666 said:
Clinton had a whiffed Surgeon General nomination based solely on the fact that the woman in question was pro-masturbation. And that's just the Surgeon General, not a Supreme Court justice who will be in position for life.



Wait, really? What was her name?



Jocelyn Elders. She committed the heinous crime of suggesting that maybe we should pay attention to the fact that high-schoolers want to fuck and that maybe we should just not worry so much about them masturbating.

I know, crazy shit, right? whatever

Subrosa

Subrosa

San Francisco, CA
July 2004

MAY 13, 2009 06:58 AM

Toku666 said:

Hooraydiation said:

Toku666 said:
Clinton had a whiffed Surgeon General nomination based solely on the fact that the woman in question was pro-masturbation. And that's just the Surgeon General, not a Supreme Court justice who will be in position for life.



Wait, really? What was her name?



Jocelyn Elders. She committed the heinous crime of suggesting that maybe we should pay attention to the fact that high-schoolers want to fuck and that maybe we should just not worry so much about them masturbating.

I know, crazy shit, right? whatever



Small quibble: Elders was actually confirmed as Surgeon General, she just had to resign later because of her heinous pro-fapping message.

Toku666

Toku666

Columbus, OH
May 2004

MAY 13, 2009 07:13 AM

Subrosa said:

Toku666 said:

Hooraydiation said:

Toku666 said:
Clinton had a whiffed Surgeon General nomination based solely on the fact that the woman in question was pro-masturbation. And that's just the Surgeon General, not a Supreme Court justice who will be in position for life.



Wait, really? What was her name?



Jocelyn Elders. She committed the heinous crime of suggesting that maybe we should pay attention to the fact that high-schoolers want to fuck and that maybe we should just not worry so much about them masturbating.

I know, crazy shit, right? whatever



Small quibble: Elders was actually confirmed as Surgeon General, she just had to resign later because of her heinous pro-fapping message.



blackeyed Important quibble. I apologize for the misremembering.

I'd like to say we've come a long way since the mid-90s with respect to human sexuality, but I wouldn't be able to do it with a straight face.

Abstinence only FTW! puke

nicole_powers

nicole_powers

NEWSWIRE

I'm lost

MAY 15, 2009 11:50 AM

I hate to quote Faux News, so I'm quoting Buzzflash who tweeted this gem:

Crazy FOX "News" survey said 16% of the respondents thought Oprah would do a good job as SC justice.



Thoughts?

FreakPirate

FreakPirate

Canada
November 2002

MAY 15, 2009 11:56 AM

nicole_powers said:
I hate to quote Faux News, so I'm quoting Buzzflash who tweeted this gem:

Crazy FOX "News" survey said 16% of the respondents thought Oprah would do a good job as SC justice.



Thoughts?



Not at all surprised.

ARRR!!!

Lucifer69133

Lucifer69133

I'm lost
February 2009

MAY 15, 2009 12:54 PM

FreakPirate said:

nicole_powers said:
I hate to quote Faux News, so I'm quoting Buzzflash who tweeted this gem:

Crazy FOX "News" survey said 16% of the respondents thought Oprah would do a good job as SC justice.



Thoughts?



Not at all surprised.

ARRR!!!



Oprah is the closest thing to a god America has.

Toku666

Toku666

Columbus, OH
May 2004

MAY 15, 2009 01:47 PM

Lucifer69133 said:
Oprah is the closest thing to a god America has.



*ahem* Remembering full well what happened the last time we disagreed, I surge forward anyhow. wink

I have three names for you, each six letters in length:

Ronald. Wilson. Reagan.

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