(CNN)The Constitution is clear: The President nominates a successor to the late Justice Antonin Scalia, and the Senate’s consent is needed for confirmation to the Supreme Court. More than that seems to be at stake in the current political climate, however, and the contest is one of political will, rather than law.
Three additional factors are important in supporting Posner’s selection. The judge is not a moderate but an iconoclast, with unique positions that neither political party fully supports: He supports same-sex marriage, is a conservative on economic matters, opposes the war on drugs, minimizes privacy and is famous for undertaking economic analysis of many issues.
Everybody agrees with him sometimes and almost no one all the time. Second, Posner is already 77 and is unlikely to serve for many decades given his age. The next President could conceivably name Posner’s successor.
Finally, and most importantly, the idea that one of the leading lights of law worldwide is a Supreme Court justice ought to make anyone who cares about the high court and the law proud to be an American.