Post Politics Hour: Supreme Court Pick, Rush vs. Sykes, Health Care, More

Washington Post Supreme Court and politics reporter Robert Barnes was online Monday, May 11 at 11 a.m. ET to discuss the latest political news.

____________________

Robert Barnes: Good morning everyone. Lots to talk about--Supreme Court, health care, Supreme Court--so let's just get started. Although I must warn you that you will not learn the name of the nominee this hour--unless you supply it to me.

_______________________

Waterville, Maine: Good morning Perry,

The FirstRead blog reported that there is a "short list" of potential supreme court nominees under consideration by the President and one of the contenders is Homeland Security Secretary Janet Napolitano.

This seems to make sense on a couple of levels. First of all, Napolitano has varied experience, including as a U.S. Attorney, Attorney General and as a popular governor of a "red" state, Arizona.

Secondly, I can't help thinking that an opening at Homeland Security would give Obama an opportunity to recruit either Susan Collins or Olympia Snowe for a cabinet position, moderate Republicans who have been supportive of some of Obama's program.

This, in turn, would create a Senate vacancy in which Gov. Baldacci, a Democrat, would very likely appoint a democrat to the Senate, thereby expanding the majority to at least 60 (because the Minnesota race shows no signs of being resolved soon). Plausible? Your thoughts on Napolitano on the SCOTUS. Thanks.

Robert Barnes: I'm not Perry, but can take a crack at this anyway. Certainly I believe she is being talked about in the White House, for all of the reasons you list. I also think the idea of appointing someone who is not an appeals court judge is politically appealing to the president. I'm not so sure I can go as far as you in gaming out the political consequences. I think some of those things might be a little too speculative for reaching a decision on what Obama believes will be a term-defining choice.

_______________________

Amtrak to D.C.: What are the odds that Obama will lead Biden to believe the next justice will be X in order to ensure that Biden leaks the wrong name, thus making the actual pick a surprise?

Robert Barnes: Now, see, that's the kind of speculation I can get into. The vice president makes life interesting, doesn't he?

_______________________

Scotia, N.Y. : After the unsuccessful sleeze attack on Justice Sotomayor by The New Republic, is it to the point where if she doesn't get it, Obama's Hispanic supporters will be disappointed? Is there anyone else the President can appoint to appease them?

Robert Barnes: I am sure the president's Hispanic supporters will be upset if the pick is not a Latina. I also believe his gay supporters will be upset if the choice is not gay, and on and on. I think the president will balance his desire to name a "first something"--as someone in the White House told us for a piece we published Sunday--along with the likelihood this will not be his only Supreme Court nominee.

_______________________

Palin: In the 55 or so presidential elections in our nation's history the vice presidential nominee on the losing ticket has NEVER gone on to become president, except for FDR. This cannot be just coincidence. Do you think the PalinForAmerica folks understand they are swimming against a powerful historical tide?

Robert Barnes: Well, that wouldn't be reason for not supporting the person you thought best qualififed to be president, would it? I get what you're saying, but we're all about "firsts" today.

_______________________

State of Confusion: Bob, I don't get it anymore. For nearly 30 years the Republican party (and the media) have told me that private companies could always do a better job than the government. So why are the GOP, United Health, Athena, WellPoint and other private health insurance companies so scared of the government offering you and me a public health insurance option?

Robert Barnes: I think, as you're probably aware, they think the government would tilt the table against them. My colleague Dan Eggen did a story today about the interest groups involved. Perhaps we could post that?

_______________________

Anonymous: President Obama is well advised to seek Vice President Biden's insight into the nuances of a Supreme Court nomination. His experience, judgment and wisdom in passing upon the judicial competence of a nominee would greatly help avoid deeeply contentious --- and oftentimes ideological battles in the Senate. For at the end of the day, it is the character and values of a cerebral and independent-minded nominee that matter most in deciding issues that ultimately impact on the lives of us all.

Robert Barnes: Ok, guilt-tripped me into answering a nice comment about Biden. I certainly think the vice-president will be instrumental in the White House's strategy on getting the nominee through the confirmation process.

_______________________

Oakland, Calif.: Chris Cillizza wrote today:

"Given that, there is clearly potential for Sykes' speech to echo well beyond the walls of the Washington Hilton. The question is whether anyone -- Limbaugh, GOP politicians etc -- will fan the flames over the next 24 to 48 hours. And, if so, does Sykes (or do any prominent Democrats) hit back?"

Really? I find this all so rich given that the person who the villagers are getting their panties in a bunch about is a man who referred to our President as a "halfrican-American" sang a song called "Barack the Magic Negro" and claims that because our President is black we have to "bend over and hold our ankles."

Why is this such an issue that Wanda Sykes would have to respond to such ridiculous criticism? I guess what Rush does on a daily basis is so appropriate and never over the top that part of the daily "Cheet Sheet" is about how he feels.

washingtonpost.com: Wanda, Rush & Politics of Humor

Robert Barnes: I am pretty much of the view that when you invite an edgy comedian to give remarks, you shouldn't get, as you say, your panties in a bunch over the resulting comments. I'll post whether others think some sort of line was crossed, but I guess I'm with you that I think Rush can take care of himself.

_______________________

Boston: What is your take on the Sotomayor smear that has led to another blog war on Then New Republic? What do you think of Dalia Lithwick going off on Jeff Rosen? I know this is tough because you work with the two of them, but we would love your insight.

Finally, on a lighter note: on NPR this weekend Lithwick said Court Reporters are seated in a specific order with Totenberg getting seat A1 and Lithwick in seat Z99. Where are you?

Robert Barnes: I think part of the problem was, as Rosen later wrote, the headline was something like "The case against Sotomayor" but the piece was more impressionistic than actually making a case. Both Lithwick and Rosen are smart, experienced court-watchers who write their opinions. I have a particular affection for DL because she is wickedly funny and a great writer.

As for seating, there are only a few cases a year where it's crowded enough that there are assigned seats for the press. I don't quite understand the system, but it has something to do with newspapers, magazines and networks as opposed to on-line columnists (I think). At any rate, Nina always has a good seat, and I have no complaints. If I were to redo the system, I'd make it by height.

_______________________

Riverdale, NY : It seems to be conventional wisdom of a sort that picking ideologues who are loners is less desirable than putting up coalition builders with people skills i.e. Roberts, good; Scalia, bad; Brennan, good; Souter, bad. Does Napolitano fit into the coalition builder model?

Robert Barnes: I have never covered her, but I would assume she had to have some working relationship with Republicans in her mostly red state in order to get anything done. Some people believe that any new justice will need quite a bit of experience before the coalition-building can begin.

_______________________

Purcellville, Va.: I am a long-time Rush listener, a life-long conservative Republican, and am no Obama fan. But even I have to admit that Wanda Sykes' stand-up was funny, and completely within bounds. C'mon folks! It's comedy! Rush is an entertainer. Maybe Sykes was upset from that time that Rush told a black caller "Take that bone out of your nose and call me back."

Robert Barnes: Thanks for the note, Purcellville, and I'm going to state right now that in posting some of these comments, I am not vouching for the accuracy of the Rush quotes.

_______________________

Marietta, Ga: So if I have this right, Rush Limbaugh can demand complete loyalty (and apologies when crossed) from elected Republican officials while spending three hours a day demonizing liberals and Democrats in general and the president specifically, but it's too far over the line when a comedian says something similar to what he says every day? I think the line about the kidneys wasn't funny, because it's never funny to wish ill of anyone, but I don't feel the least bit of sympathy after some of the horrible things he has said and done over the last few years.

Robert Barnes: Thank you, Georgia. What do you think of your retiring state supreme court chief justice?

_______________________

New York : Who wrote Obama's material? Killer stuff.

Robert Barnes: If the past is any indication, the WHCD remarks of the president are a group effort that receive about as much attention as a speech to the UN.

_______________________

Washington, DC: The poster who mentioend "Barack the Magic Negro" should stop getting thier news from the dailykos or moveon.org

That song was repeating a line from a LA Times Columnist, who is black, who called Obama Barak the magic negro.

Isn't this the type of racial double standard Obama has spoken out against?

Well if Rush ever called Obama a terrorist or wished him to die, as Wanda does, I think the reaction would be a little different.

I would call it a commedy routine that went too far, nothing more...nothing less.

Robert Barnes: Thank you, Washington. I would also like to add I don't vouch for the accuracy about anything said about Barack the Magic Negro.

_______________________

NYC: How about Biden for SCOTUS

Robert Barnes: Alas, I believe a bit too old, and perhaps a little too white and almost certainly a bit too male. Sixty might be the new 50, as I was told earlier this week, but 66 is 66.

_______________________

Charleston, SC : Any chance Obama will nominate a justice with diverse views that will not satisfy the left or the right? Competency over ideology would be a nice change of pace, in my opinion.

Robert Barnes: Diverse views? Maybe a little. I think Obama has been pretty clear about what he is looking for in a justice, and those qualities do not amount to what I think we think of now when we think of the conservatives on the court.

_______________________

Leah Ward Sears : Interesting catch there, Barnes. She's a friend of Clarence Thomas, according to wikipedia.

Robert Barnes: Hey, where do you think wikipedia gets its news from? Perhaps the producer can post The Post's Sunday story on this topic?

_______________________

Rockville, Md.: Do you think the Georgia Supreme Court's Chief Justice's friendship with Clarence Thomas could cost her a possible nomination to the U.S. Supreme Court?

Robert Barnes: I think it's clear that friendships have little to do with judicial philosophies. The two BFFs on the current court are Scalia and Ginsburg.

_______________________

Baltimore: Am I understanding this correctly? The healthcare for profit industry makes a "deal" that they're going to stop gouging us quite so much, and everyone is talking like it's this huge concession? Cutting the cost increases by a measly 1.5 percent just doesn't sound like it's that much of a concession. If the gas companies had said that last summer we'd have been torching the homes of oil executives, but somehow Big Pharma, Big Insurance and the doctor's associations get a pass.

washingtonpost.com: Health-Care Industry Vows to Control Costs

Robert Barnes: Yes, not exactly enough to throw a parade but better than saying the opposite, I suppose. Obama's own budget cuts were rather meager as well.

_______________________

Washington, D.C.: As a tribal member, all this talk of females and minority justices is overlooking the area of single greatest need: The need for a Native American on the Supreme Court (as well as the need for several Native American district court judges).

No one is more impacted and with less of a voice than Native Americans. And with over 4,000 Native American attorneys, there is no better time for Obama to show he's serious about hope and change, than by appointing a Native American to the S.Ct.

There are no Native American federal judges. There has never been a Native American clerk for the S.Ct. But we are impacted by S.Ct. rulings more than anyone.

Tribal Judge Joe Martin has given his application materials to Senator Levin's office for one of the ED MI vacancies. John Echohawk or Keith Harper (Cobell litigation) would make great S.Ct. nominees. Your thoughts?

Robert Barnes: I don't want to pass judgment on anyone's qualifications for the court. I think your comments about their being a small pool of potential nominees would point out the difficulty of making such a choice this time around.

_______________________

George Mitchell?: Although Mitchell's no spring chicken, wouldn't he make a terrific Supreme Court Justice? He's been Chief Justice of the Maine Supreme Court, Governor, Senator, international peace envoy. He's so respected that I can't imagine many Senators opposing his nomination, at least not enough to cause any significant obstacle.

Robert Barnes: There are many, many people who are qualified to be on the Supreme Court and probably many who would not cause much of a stir in the Senate. Although I don't see any reason politically why Republicans and conservatives would not want to make a big deal about Obama's nominee, whoever it is.

Like most people, I think that given the court's current 8-1 make-up, the nominee will be female.

_______________________

Princeton, NJ: Maybe I am crazy, but it seems to me that issues like health care are more important than what was said in jest at some celebrity event.

Robert Barnes: Well, of course you are right. But we can talk about more than one thing at a time.

_______________________

Robert Barnes: That's all of our time for today. Thanks very much for taking the time and submitting your questions and comments. I look forward to our next chat--maybe we'll have a nominee by then.

_______________________

Editor's Note: washingtonpost.com moderators retain editorial control over Discussions and choose the most relevant questions for guests and hosts; guests and hosts can decline to answer questions. washingtonpost.com is not responsible for any content posted by third parties.