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4.23.2010

why harold koh should be the next supreme court justice

Maybe you've heard. With Justice Stevens stepping down, there's an opening on the Supreme Court, and Obama's nomination to replace him could be one of the most important decisions of his administration. There are already several frontrunners, but here's a good Huffington Post piece by Frank Chi, who gives his reasons Why Harold Koh Should Be the Next Supreme Court Justice.
The son of first-generation immigrants from South Korea, Koh would be the first Asian-American nominated to the Supreme Court -- and his credentials speak for themselves. The former dean of Yale Law School and a renowned expert in international law, he served as Assistant Secretary of State for Democracy, Human Rights & Labor under President Clinton and is currently Legal Adviser to the State Department. In an increasingly global era where knowledge of international law will be crucial on the Court, Koh is the strongest candidate from this field and would also be the first Justice to hold such expertise. Beyond his roles at the State Department, Koh also worked in the Office of Legal Counsel at the Justice Department under President Reagan.

Many have ruled out Koh of consideration because of his testy Senate confirmation last year to the State Department -- but that's exactly why he's most suited for this upcoming fight. Despite complaints from those on the far right who saw Koh's potential and sought to curb his aspirations, Koh's nomination was brought to a full vote and passed 62-35. Sen. Richard Lugar (R-IN) went on the record saying, "after reading his answers to dozens of questions, attending his hearing in its entirety, meeting with him privately, and reviewing his writings, I believe that Dean Koh is unquestionably qualified." Conservative Supreme Court watchdogs knew then that such a confirmation then would make it difficult for those yea votes to flip to nays should Koh appear as a nominee for the Court. Given that Republicans will plan to obstruct any White House nominee, no matter how moderate, the Obama administration should force a vote on a strong candidate who crossed the 60-vote threshold just a year ago.
Harold Koh could be the very first Asian American to be nominated to the United States Supreme Court. That fact alone would be amazing, but his record clearly shows that he's unquestionably qualified for the seat. No doubt, his nomination would be hard fought, and perhaps a little too controversial for Democrats' comfort this time around... but dammit, it would be awesome.