Friday, May 15, 2009

Jonathan Rauch: Commentary

In Praise Of Leah Ward Sears

I see that Stuart Taylor ranks Leah Ward Sears fourth on his handicap list for the Souter seat. She's stepping down as chief justice of the Georgia state Supreme Court. (She'll practice law and be a fellow of the Institute for American Values, a pro-family think-tank.) The three women above her on Stuart's list are all pretty spectacular people. But I had occasion to meet Sears last November and came away thinking, "That woman is going to be on the Supreme Court." At any rate, when President Obama looks her over, he is going to see a very appealing combination of qualities.

• Pro-family progressivism. Sears describes herself, according to sources in Georgia, as a moderate progressive. In criminal cases, she leans pro-defendant but is no ACLUer. She joined the court's majority in voting to overturn Georgia's sodomy law, earning hostility from the social right. But she also joined a unanimous opinion upholding an initiative banning gay marriage.

And she has a pet cause dear to the heart of social conservatives: shoring up the family. I met Sears in November at a conference ("For Children's Sake: A Summit on Marriage and Family") she was hosting with the Institute for American Values. There's an egalitarian family-law movement on the left that wants to equalize all family structures. No way, she says -- as in this 2006 op-ed in the Washington Post. She combines support for marriage with an egalitarian message: "Marriage is in deep danger of becoming about class structure and privilege." She takes her pro-family message to the black community, too. Obama's gotta like that.

• Political chops. Besides drawing generally high marks for her performance on the state Supreme Court, which she joined in 1992, Sears is an elected judge. A lot of judicial elections are cakewalks for incumbents, but she faced a serious challenge in 2004 from Republicans determined to defeat her and thereby tip the court. She handily beat back charges of being an activist liberal. For a left-of-center African-American in a red state, that is nothing to sneeze at.

Since Sandra Day O'Connor's departure, there has not been anybody on the U.S. Supreme Court with a political background. In fact, all of the current justices are former U.S. appellate judges, and eight went to Yale or Harvard. B-o-o-o-o-ring. Obama presumably wants to deliver on his promise of change, and he also wants to build the Democrats' brand and broaden the party's appeal. Appointing yet another bureaucrat in a black robe would hardly serve either purpose. But Sears, like O'Connor before her, has the potential to cut a national figure and even, perhaps, become a beloved public icon. That would be great for the Democratic brand.

• She's a pistol. At the conference in November, she moderated my session -- a discussion/debate on gay marriage -- with intelligence and no-nonsense aplomb. She can command a room. She is not someone you forget meeting. And she has that Clintonesque ability to make you feel you've bonded with her. On meeting me, she gushed about an article I wrote. ("Caring for Your Introvert." She said she was something of a closet introvert herself.) After three minutes, she had me eating out of her hand.

Obama, I hope, is less of a pushover than I am. But I can pretty much guarantee that Sears will interview well. (Here's a sample.)

Add that she is young (53) and a fresh face despite more than 20 years of experience on the bench. And -- did I almost leave this out? -- she is an African-American female. Her appointment would make history.

The far left of the Democratic Party might squawk about her friendship with Clarence Thomas and her affiliation with the Institute for American Values (which some have characterized as anti-gay, though it's not). That, however, would only help Obama tout her nomination as post-partisan and trans-ideological. Put it all together, and you have a package that takes some beating.

Move her up to No. 1, Stuart.