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A Modest Proposal: The President Could Solve this SCOTUS Thing with One Bold Pick…

The President is determined to make an early Supreme Court selection to replace the late Justice Scalia.  The Senate GOP are ready to fight!  It might be a titanic battle.  But it could be avoided.  How?  Find another Scalia.

It would be hard to replace a jurist like Antonin Scalia (Did I ever tell you I met the justice?  I was invited by another conservative lawyer to go to church with him:  A Latin rite Catholic church in DC.  Come and you’ll meet Pat Buchanan and Bill Buckley’s brother James (a judge and US Senator in his own right); well I did and it took two tries but I met Buchanan and James Buckley and I had just left the second time from services and I saw him – no way you can miss Justice Scalia – so I worked up a bit of courage to say hello to him.  I think he is the only Supreme Court Justice I have ever met.); Scalia is a intellectual and spiritual giant on the Court.  He will be missed.

But the President could scotch the GOP, have an immediate impact on the 2016 election and show people he is reasonable.  Maybe improve his approval numbers.  Do a Sister Souljah moment!


Here’s how:  President Obama should nominate Senator Ted Cruz to be the new Justice.  Yes Rafael Edward Cruz.  The one running for President.  That Ted Cruz!

Cruz has ability and experience (He clerked for Chief Justice Rehnquist,was an associate deputy attorney general, had something like 11 cases at the SCOTUS and was the Texas Solicitor General and a litigator at a large firm!), maybe first Hispanic male on the Court, too!  Cruz is clearly qualified to serve on the Court, and his fellow GOP senators (and the Establishment, too) should be thrilled to be rid of Cruz.  And there is no issue with eligibility to be on the Supreme Court, as opposed to the Presidency!  And the vote Cruz would make would be similar to Scalia’s so it would not hurt the balance on the Court but the new justice would probably not write as well done at least at first.

Surely this is satire, Sanders!  Well, the Washington Post op-ed writers are always ready to tell conservatives and Republicans what to do – so let’s turn the tables on them!

So take that bold move, Mr. President.  Appoint Ted Cruz to be on the Supreme Court.  Sandy will have your back on this one, sir.

About Elwood Sanders

Elwood "Sandy" Sanders is a Hanover attorney who is an Appellate Procedure Consultant for Lantagne Legal Printing and has written ten scholarly legal articles. Sandy was also Virginia's first Appellate Defender and also helped bring curling in VA! (None of these titles imply any endorsement of Sanders’ views)

4 Responses to “A Modest Proposal: The President Could Solve this SCOTUS Thing with One Bold Pick…”


    Can Cruz be a Supreme court Justice & President at the same time? 😉

  2. Bowman says:

    I like it. And for the same reasons you stated, He definitely has eligibility issues with the POTUS test, but not for the SCOTUS. He would have one heck of a time getting past the socialist fascist republicans and democrats in congress but, even that would help smoke them out.


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Tom White Says:

Nothing is more conservative than a republican wanting to get their majority back. And nothing is more liberal than a republican WITH a majority.

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