Can we go ahead and dispense with the emerging conventional wisdom Obama won’t put up a nominee? Of course he will. This is a starting contest by McConnell and he has nothing to lose.
Here are three nominees that would be incredible tactical choice and great justices, even if all three are unlikely scenarios and none of them are very ethnically or geographically diverse.
1. Patrick Leahy — The Senior Senator from Vermont has chaired the Judiciary committee for 8 years or so, he is well respected in the Senate and obviously an insider to the process. He would be very well respected and would have an easier go than most because… well. He is a sitting Senator, they like their own. Even if Lindsey Graham REAAAAAALLY wants Orrin Hatch
2. Joe Biden — Hold on to your hats people, Joe was chair of the Judiciary for years and is well liked in the Senate, as well as having his own practice for a very long time. He is more than qualified, and guess what? He’ll be out of a job pretty soon.
Bonus: Barack would get to appoint a new Vice President, although that VP would likely be a placeholder, not Hillary Clinton or Bernie Sanders.
3. Lawrence Lessig — Hear me out on this one, Lessig actually CLERKED for Scalia as the “token liberal” and had a lot of respect for the guy, despite agreeing with him on nothing. Lessig is whip smart and a hell of a law expert. Maybe less of a gimme than the first two, but still an excellent outside the box candidate.
Let’s say that he goes to hearing and gets shot down, well it is still a tactical win because everybody now knows Lawrence Lessig.