Mr. Justice Gore

[CatWoman]

“The choice would be electrifying,” writes Michael Sean Winters at “In All Things,” the group blog of America, the Catholic (Jesuit) weekly.

The biggest objection to putting Al Gore on the Supreme Court, I assume, would be that he’s not a lawyer. But is this really a bug rather than a feature? Gore spent sixteen years in Congress, where he helped make the laws, and eight as Vice-President, where he took care that the laws were faithfully executed. His perspective would fill some giant blind spots on the present Court, which is made up entirely of former federal appeals-court judges who have little or no political experience, have never been elected to anything, and have a strikingly narrow experience of life in general.

A law degree is probably a helpful credential, all other things being equal, for a trial judge or an appeals-court judge. But it is far from essential in a Justice of the Supreme Court. The heart of a Justice’s job is interpreting and applying the Constitution, and for that things like a knowledge of history (including Constitutional history), a feel for the workings of government, a strong moral sense, an ability to think and write clearly, and a temperamental affinity for the long view—all of which Gore has in spades—are much more important than a professional familiarity with the details of contract or case law. Gore would make a superb addition to the Court. And, of course, it is pleasant to imagine the opportunity his appointment would afford the four remaining members of the Bush v. Gore junta, especially Antonin “Get Over It” Scalia, to contemplate and, perhaps, repent of their sins.

I know: it ain’t gonna happen—less because of the non-lawyer angle (or the ethnic angle or the gender angle or the “too liberal” angle) than because of the age angle. Gore is over sixty, and extreme youth has become as desirable in Supreme Court Justices as in Olympic gymnasts. But it would be nice if Obama would at least break out of the appeals-court ghetto, if not for this appointment then for his next one. Maybe a non-lawyer is too much to hope for, but wouldn’t it be a tonic for the Court to have at least one member who has something going for him or her beyond a law license, an ideology, and a group identity?

http://www.newyorker.com/online/blogs/hendrikhertzberg/2009/05/mr-justice-gore.html

[CaliforniaPeggy]

1. Those are all great reasons. But there's one more:

I suspect he would find it satisfying to help prevent the electoral disaster that happened to him from happening to anyone else.

[FailureToCommunicate]

2. Yup, Justice Rehnquist would be laughing as he spun in his grave...

[Merlot]

3. That would be like clipping his wings

Gore has said that he doesn't miss politics, and enjoys traveling around the world to work on the global crisis. H'es doing much more important work where he is.

Although the irony would be appreciated!