The Next Justice

As President Obama seeks to steer the Supreme Court in a new direction, what sort of leader should he look for in his first appointee? An unwavering jurist who will articulate a new liberal judicial philosophy? Or a judge who will nudge the court from the center, winning over swing votes?

Elizabeth Sherman, founder and former director of the Center for Women in Politics and Public Policy at the University of Massachusetts, Boston, is currently adjunct professor at George Washington University's Trachtenberg School of Public Policy and Public Administration.

The president should appoint someone who has the educational and professional training as well as the personal leadership skills necessary to counterbalance the dominance of the Scalia-Roberts-Alito-Thomas wing and persuade centrists like Justice Kennedy of the merits of a more liberal interpretation of the law. He must choose someone with the leadership ability, intellectual heft and personal confidence to pull the court out of its conservative rut, where we find it to be overly reflective of the politics and perspective of the Bush-Cheney administration and the Republican right.

David Walker, former comptroller general of the United States, is president and chief executive of the Peter G. Peterson Foundation.

The duty of a judge is to make decisions based on applying the facts to the law and in a manner consistent with the Constitution. Any nominee should be committed to this basic standard. President Obama should keep in mind that while political activists tend to come from the ideological fringes, statistically valid voter research surveys make it clear that the country is in the "sensible center."

Former U.S. congressman Mickey Edwards is vice president of the Aspen Institute, where he directs the Institute's Rodel Fellowships in Public Leadership.

Leadership in a legislative or executive position is one thing; leadership on a court of law, with its more narrowly defined mission, is something quite different. There is no question that various skills -- persuasion, bridging differences, forging compromises -- can be important tools even on the bench. But the single most important job of a jurist is to see that the law is properly applied. Leadership in creating law, shaping society, etc., is a function of the political branches, not the courts.