Justice David Souter’s retirement creates only the third U.S. Supreme Court vacancy to be filled by a Democratic president since 1967, when Thurgood Marshall was appointed to the Court, and the first in 15 years since Stephen Breyer’s selection. There already is much speculation about possible names, but not nearly enough discussion of the criteria that President Obama should consider.
Obviously, any nominee should have impeccable qualifications and be of unquestioned great intelligence and judicial temperament. But there are countless individuals who fit this bill. Four additional criteria seem most important: filling in what is missing on the current Court: ideology, age and diversity.
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