This week, we found out that President Obama’s nominee will be current Solicitor General Elena Kagan.

Let’s get one question out of the way. What, exactly, does the Solicitor General do? She represents the government of the United States before the Supreme Court in cases where the government is one of the parties involved in the lawsuit.

Kagan is coming under fire on a few different fronts. Kagan hired 32 tenured and tenure-track professors when she was Dean of Harvard Law School. Only seven of these faculty members were female, and only one was a racial or ethnic minority. This could be explained by a relatively small sample size, or simply by the overabundance of white males in the law school ranks. Or it could be indicative of bias during the hiring process.

Kagan’s lack of judicial experience is also a concern to many. Although Kagan has considerable experience in academia, she has never presided over an actual trial.

Despite this, it is quite possible that Kagan will be confirmed by the Senate. If she joins the high court, it would have three female justices for the first time ever (Justices Ruth Bader Ginsburg and Sonia Sotomayor being the other two).

Perhaps more important is her age. At 50, she would be the youngest justice currently serving on the court (although she’s considerably older than Justice Joseph Story, who was just 32 when he was appointed by President Madison in 1811).

Age is an important consideration in a Supreme Court Justice because the justices are appointed for life. A justice cannot be fired. There is a good reason for this, of course – to insulate a sitting justice from political pressure. An influential senator cannot strong-arm a justice with any threats.

While the judicial branch is separate from the executive and legislative branches, it is nonetheless affected by those branches. Justices are nominated by the President and confirmed by the Senate. The end result is that the justice often represents the views of the president who appoints them. It would be nice if justices were selected based solely on merit, but this simply is not the case. Every president attempts to influence the court with the justices they appoint.

Appointing a Supreme Court Justice is perhaps the most impactful thing a president can do – influencing important judicial decisions for decades after the president leaves office. I’m not a big fan of having the other two branches exert so much influence over the judicial branch, but I’m also not sure how this could be achieved in a more fair manner, aside from setting the confirmation bar very high (80%?) to ensure bipartisan support? I’m not sure if even the ghost of George Washington could get 80% approval in the Senate.

The justices are also not oblivious to political ramifications. Justices will often time their resignations to occur during the tenure of a president who is likely to replace them with a similar justice. When a justice is unable to this – for example, if they die suddenly – there can be a seismic shift in the makeup of the court.

From a partisan perspective, then, the perfect justice would not only align with the beliefs of the President and Senate, but would also be young and in good health in order to influence the direction of the court for many years to come before voluntarily stepping down at the perfect time for a suitable replacement to be seated on the court. The next step in vetting a nominee (if it isn’t already being done) may be a deep look into the medical history of the nominee and the nominee’s family, in an effort to determine the nominee’s susceptibility to heart attacks, strokes, and other ailments that could kill or incapacitate a justice.

I wonder what sorts of birthday presents a justice gets? Perhaps a health club membership and a fruit basket from the leader of the party that aligns with their beliefs – and an annual membership at the Gorge Yourself 24 Hour Buffet from the leader of the opposing party?

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Kosmo is the founder of The Soap Boxers and writes on a variety of topics. Many of his short stories have been collected into Kindle books.

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