Author Topic: List of possible replacements for Justice David Souter  (Read 5869 times)

Dos Equis

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List of possible replacements for Justice David Souter
« on: May 01, 2009, 11:31:25 AM »
A leftwing president and a filibuster-proof 60 votes in the Senate = Obama nominating someone way left of center. 

List of possible replacements for Justice David Souter
Posted: 01:54 PM ET

WASHINGTON (CNN) — Massachusetts Gov. Deval Patrick, Judge Diane Wood, Judge Jose Cabranes — the list of possible nominees to replace Supreme Court Justice David Souter is growing by the hour.

CNN Supreme Court Producer Bill Mears called on his extensive sources from the Court, legal community and political world to help compile a list of potential names that President Obama might be considering.

* Judge Sonia Sotomayor, 2nd Circuit U.S. Court of Appeals
Born 1954. Has been on the appeals bench since 1998, named a district court judge by Bush in 1992, so would have some bipartisan support. Moderate-liberal views and Hispanic heritage considered big pluses. She is near the top of many people's list.

* Elena Kagan, Solicitor General
Born 1960. Served in Clinton White House in various legal and domestic policy positions from 1995-99. Former clerk for Justice Marshall. Has no judicial experience, and may be considered too young for the Court. Nominated for an appeals court seat in 1999, but Republicans held it up without holding hearings. A former dean of Harvard Law, where she named several conservatives to the faculty, earning her favorable respect.

* Judge Diane Wood, 7th Circuit U.S. Court of Appeals
Born 1950. She has sat on the bench since 1995. Considered moderate-liberal, well-regarded by many. Former clerk for Justice Blackmun, and served in both President Reagan and President Clinton Justice Departments. Possible consensus pick.

* Gov. Deval Patrick, Massachusetts
Born 1956. Elected governor in 2006. Boston native who went to Harvard, and later worked for the NAACP. Former assistant U.S. attorney general for civil rights under President Clinton. Legal sources say he might not want the job or even be considered until his term ends in early 2111.

* Judge Merrick Garland, DC Circuit U.S. Court of Appeals
Born 1952. Possible compromise choice. Considered a moderate. Served as former associate deputy attorney general and headed a probe of Oklahoma City bombing. His age is considered a political plus. Being a white male could hurt his chances if the president seeks diversity.

* Judge Ann Claire Williams, 7th Circuit U.S. Court of Appeals
Born 1949. Another possible consensus pick. Nominated, at the age of 35, to the U.S. District Court in 1985 by President Reagan, and then elevated to her current job by President Clinton. She is a labeled by many as a moderate who would be the first African-American woman on the Supreme Court. A former inner-city teacher in Detroit, she became the third African-American woman appeals court judge.

* Judge Marjorie Rendell, 3rd Circuit U.S. Court of Appeals
Born 1947. Wife of Pennsylvania Gov. Ed Rendell. Named by Clinton to district court seat in 1993, and then elevated to the appeals court in 1997. She has been an advocate for more women in the legal profession. Her husband's strong support for Hillary Clinton's 2008 presidential bid may hurt the judge's high court chances on purely political grounds.

* Judge Jose Cabranes, 2nd Circuit U.S. Court of Appeals
Born 1940. A moderate liked by both Republicans and Democrats. He was considered for the Court by both President H.W. Bush and President Clinton. Being a Hispanic might elevate his stock if President Obama is looking to add diversity to the court. Vocal critic of federal sentencing guidelines.

* Gov. Jennifer Granholm, Michigan
Born 1959. Popular gubernatorial leader and former state attorney general. Born in Vancouver, Canada, which could raise some political (but not constitutional) concerns. She also attended Harvard Law School.

* Judge Adalberto Jose Jordan, U.S. Southern District of Florida, Miami
Born 1961 in Havana, Cuba. Named to the post in 1999. Legal sources say Obama may first elevate him to the 11th Circuit U.S. Court of Appeals to give him more experience as an appellate judge.

* Harold Hongju Koh, State Dept. Legal Adviser (nominee)
Born 1954. Korean-American heritage may be a plus for President Obama seeking to put first Asian-American on the bench. A Yale law school professor and dean, pending his new government appointment. Worked as a human rights lawyer in Clinton State Department. Former clerk for Justice Blackmun.

* Judge M. Margaret McKeown, 9th Circuit U.S. Court of Appeals
Born 1951. Has been on the bench since 1998. The idea of a judge from the liberal Ninth Circuit might not sit well with Senate Republicans. But her western roots (a Wyoming native), somewhat moderate views, and age all considered political pluses. Also served as White House fellow during President Reagan.

* Judge Diana Gribbon Motz, 4th Circuit U.S. Court of Appeals
Born 1943. Dissented in July 2003 appeal involving accused terrorist and enemy combatant Yaser Hamdi appeal. She wrote, "Courts have no higher duty than protection of the individual freedoms guaranteed by our Constitution. This is especially true in time of war, when our carefully crafted system of checks and balances must accommodate the vital needs of national security while guarding the liberties the Constitution promises all citizens." Hamdi later won his Supreme Court appeal. Age might be a factor.

* Judge Johnnie Rawlinson, 9th Circuit U.S. Court of Appeals
Born 1952. African-American jurist has spent her entire legal career in Nevada. She is a well-liked, well-respected member of the largest federal appeals court, to which she was named in 2000.

* Ken Salazar, Interior Secretary
Born 1955. Former U.S. senator from Colorado. The state's attorney general for six years before his 2004 election to the Senate. He would receive favorable treatment from his onetime Senate colleagues, and his Hispanic heritage would boost his nomination.

* Chief Justice Leah Ward Sears, Georgia Supreme Court
Born 1955. Leaving the bench June 30, 2009. On the high court since 1992. This jurist, who is African-American, has many noteworthy "firsts" on her resume. A recognized expert on family law. She is the daughter of U.S. Army colonel. Fun fact: Like Clarence Thomas, Sears grew up in the Savannah area (but was born on an Army base in Germany).

* Kathleen Sullivan, Stanford Law School professor (and former dean)
Born 1955. Her work on behalf of abortion rights, privacy issues may be criticized by conservatives. Also partner at a New York-based law firm. She was considered for the Solicitor General post that went to Kagan, but both women have very similar credentials.

* Cass Sunstein, Obama White House official, fmr. Obama campaign adviser
Born 1954. Will head the White House Office of Information and Regulatory Affairs for President Obama. An old friend and colleague of the president, who was a principal adviser during the campaign. Considered a liberal, but supported the John Roberts nomination for chief justice. A prolific writer, criticized by conservatives for his 2005 book "Radicals in Robes: Why Extreme Right-Wing Courts Are Wrong for America." Fun fact: married in 2008 to Samantha Power, native of Ireland, and Harvard professor, whom he met when both were Obama campaign advisers. He left his 27-year job at University of Chicago (where he taught with Obama) to be near her in Boston. Also showed up in 1998 on CNN's "Burden of Proof" with his beloved dog.

* Judge David Tatel, DC Circuit U.S. Court of Appeals
Born 1942. Blind due to degenerative eye disease when he was young man, but has never made much of it. If nominated and confirmed, he would become the first openly disabled justice. A former civil rights attorney. Age considered a real political factor, but a well-regarded intellectual, with strong progressive credentials.

* Judge Kim Wardlaw, 9th Circuit U.S. Court of Appeals
Born 1954. Her Hispanic-Anglo background and telegenic popularity on the bench have helped raise her profile. Has close ties to the Clintons, which could be seen as hurting her chances on purely political grounds. She sided with homeless people who were arrested at night by Los Angeles police. Fun fact: Her chambers are filled with turtle figures, a reminder to slow down in life and law.

* Seth Waxman, former Solicitor General under President Clinton; DC private attorney
Born 1952. All current and former solicitors general are on most short lists.

http://politicalticker.blogs.cnn.com/2009/05/01/list-of-possible-replacements-for-justice-david-souter/#more-50052

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Re: List of possible replacements for Justice David Souter
« Reply #1 on: May 01, 2009, 11:47:29 AM »
Granholm would be a typical choice.A governor who has DESTROYED her state!!

Dos Equis

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Re: List of possible replacements for Justice David Souter
« Reply #2 on: May 01, 2009, 04:17:29 PM »
I actually agree with Hatch. 

Souter notifies White House of retirement plans 
   
WASHINGTON (CNN) -- Justice David Souter informed the White House on Friday he will retire from the Supreme Court, and President Obama said he hopes to have a replacement on the bench by the time the court reconvenes in October.

Obama interrupted the daily White House news conference to announce he had just ended a phone call with Souter, who, in a brief letter to the president, said, "When the Supreme Court rises for the summer recess this year, I intend to retire from active service as a justice."

The current term is expected to end in late June. Souter called Senate Majority Leader Harry Reid, D-Nevada, a few weeks ago to tell him that he was going to retire, according to a source familiar with the conversation.

Obama thanked Souter, 69, for his more than 18 years of service, and said he will choose as his replacement someone who understands "the realities" people go through every day, and someone who understands "the rule of law."

In addition, the president said he will seek "somebody with a sharp, independent mind and a record of excellence and integrity." That person must honor traditions, respect the judicial process and share Obama's grasp of constitutional values, he said.  Watch as Obama interrupts the White House briefing »

The president said he intends to consult with people in both political parties as he makes his choice to replace Souter.

Sen. Orrin Hatch, the Republican who led the Senate Judiciary Committee when President Bill Clinton nominated Ruth Bader Ginsberg and Stephen Breyer to the court, said Republicans needed to be fair and not seek "a big fight that is ideological."  Watch who some of the contenders may be »

"That is not right," Hatch said. "And I think real senators who know what their responsibilities are will stand up and do what is right. You can't just vote against them because they differ with you in political philosophy."

"It all comes down to qualifications," he said. "If they don't meet those, then a legitimate vote against them is proper. But if they do meet those qualifications, the fact that they are not activists, not political, bodes well for them."

Breyer and Ginsberg, he said, were "both eminently qualified" to serve on the Supreme Court.

"We're not going to get any conservatives on the Supreme Court," Hatch said. "We're not going to get someone who is pro-life on the Supreme Court from Barack Obama. We know that. The question is, are they qualified?"

But conservative activist Ed Whelan, who heads the Ethics and Public Policy Center, said Republicans had an obligation to make clear "what's wrong" with Obama's vision "and how his nominee reflects that vision."

"I'd much rather President Obama make a quality pick of someone I regard highly as a jurist," Whelan said, but "I don't think that's going to happen. Given that it's not going to happen, I welcome the opportunity for a debate that crystallizes the vast differences between President Obama's embrace of liberal judicial activism and the conservative preference for judicial restraint."

Whelan, a former law clerk to Justice Antonin Scalia and deputy assistant attorney general in President George W. Bush's Justice Department, said "Souter was a terrible justice."

"There is plenty of room for there to be a justice far worse than he is and that seems to be what the left is pushing President Obama to select," he said.

Whelan warned that the court was "on the verge of some very bad rulings," such as "inventing a constitutional right to same-sex marriage" or approving human cloning, and worried that Republicans would "roll over and play dead, exactly as they did in 1993, when President Clinton nominated Ruth Ginsberg."

Speaking to reporters at the White House briefing, Obama described Souter as "not only a good judge, but a good person," adding, "I'm incredibly grateful for his dedicated service."

"I wish him safe travels on his journey home to his beloved New Hampshire and on the road ahead," the president said.

The vacancy will give Obama his first Supreme Court appointment -- the first since President George W. Bush's picks of Samuel Alito in 2006 and Chief Justice John Roberts in 2005.

http://www.cnn.com/2009/POLITICS/05/01/justice.souter.retiring/index.html

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Re: List of possible replacements for Justice David Souter
« Reply #3 on: May 01, 2009, 06:29:36 PM »
Sonia Sotomayor seems to be the most logical choice.. shes 1 step from the Supreme court right now...

But, I have a feeling Obama is going to appoint someone we never thought of..

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Re: List of possible replacements for Justice David Souter
« Reply #4 on: May 01, 2009, 08:07:27 PM »
Al Sharpton or Judge Judy.

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Re: List of possible replacements for Justice David Souter
« Reply #5 on: May 01, 2009, 08:18:41 PM »
montel williams

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Re: List of possible replacements for Justice David Souter
« Reply #6 on: May 01, 2009, 08:29:13 PM »
Its either going to be Williams, McKeown or Motz. Quite frankly all three choices are absolutely awful. The silver lining here, is that Souter was a staunch liberal, so having another liberal replace him isn't the end of the world. The court is still going to be divided 5-4 on every issue that matters anyway- so who cares.

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Re: List of possible replacements for Justice David Souter
« Reply #7 on: May 01, 2009, 09:20:27 PM »
i dont care what it looks like but i do not want a conservative or moderate

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Re: List of possible replacements for Justice David Souter
« Reply #8 on: May 02, 2009, 12:10:42 AM »
i think Obama is gonna throw a curveball at all of us and choose Ann Coulter to be on the Supreme Court.

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Re: List of possible replacements for Justice David Souter
« Reply #9 on: May 02, 2009, 01:11:38 AM »
i dont care what it looks like but i do not want a conservative or moderate

You've got nothing to worry about then. 

Geraldo Rivera?   :)

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Re: List of possible replacements for Justice David Souter
« Reply #10 on: May 02, 2009, 06:04:11 AM »
Sonia Sotomayor seems to be the most logical choice.. shes 1 step from the Supreme court right now...

But, I have a feeling Obama is going to appoint someone we never thought of..

Bill Ayers or maybe Rev. Wright????

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Re: List of possible replacements for Justice David Souter
« Reply #11 on: May 02, 2009, 06:05:12 AM »
i dont care what it looks like but i do not want a conservative or moderate

Why not just someone who knows how to judge cases based on the merits and existing law????

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Re: List of possible replacements for Justice David Souter
« Reply #12 on: May 03, 2009, 12:39:55 PM »
Is David Souter gay?  I always got a gay vibe from him, but have never heard the media (even the gossip media) say much about his personal life.

He may just be a nerdy intellectual, but he has been a lifelong bachelor and is specifically known for not participating in the Washington social scene (that other justices participate in); and he is never seen with a companion in tow. ::)

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Re: List of possible replacements for Justice David Souter
« Reply #13 on: May 03, 2009, 01:25:37 PM »
Is David Souter gay?  I always got a gay vibe from him, but have never heard the media (even the gossip media) say much about his personal life.

He may just be a nerdy intellectual, but he has been a lifelong bachelor and is specifically known for not participating in the Washington social scene (that other justices participate in); and he is never seen with a companion in tow. ::)
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Re: List of possible replacements for Justice David Souter
« Reply #14 on: May 03, 2009, 01:34:27 PM »
Is David Souter gay?  I always got a gay vibe from him, but have never heard the media (even the gossip media) say much about his personal life.

He may just be a nerdy intellectual, but he has been a lifelong bachelor and is specifically known for not participating in the Washington social scene (that other justices participate in); and he is never seen with a companion in tow. ::)

there are some people that just prefer to be alone

speaking of closet cases though, isn't the chief justice suspected of being gay too

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Re: List of possible replacements for Justice David Souter
« Reply #15 on: May 03, 2009, 02:25:19 PM »
there are some people that just prefer to be alone

speaking of closet cases though, isn't the chief justice suspected of being gay too

Suspected by whom?  Do you know anyone who claims to have slept with him?  I don't.

There are several out gay politicos in DC.  And a number of known closet cases known to DC's gay community, but I have never heard even a rumor about Souter which surprises me.  I do not buy the "I prefer to be alone" line.  That works after a messy breakup but for 60+ years?  No. Not buying it.

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Re: List of possible replacements for Justice David Souter
« Reply #16 on: May 03, 2009, 02:27:20 PM »
Is David Souter gay?  I always got a gay vibe from him, but have never heard the media (even the gossip media) say much about his personal life.

He may just be a nerdy intellectual, but he has been a lifelong bachelor and is specifically known for not participating in the Washington social scene (that other justices participate in); and he is never seen with a companion in tow. ::)

Maybe he just can't get a female. I know lots of lifelong bachelors who aren't gay. They just spared themselves the horror of marriage.
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Re: List of possible replacements for Justice David Souter
« Reply #17 on: May 03, 2009, 02:55:56 PM »
Suspected by whom?  Do you know anyone who claims to have slept with him?  I don't.

There are several out gay politicos in DC.  And a number of known closet cases known to DC's gay community, but I have never heard even a rumor about Souter which surprises me.  I do not buy the "I prefer to be alone" line.  That works after a messy breakup but for 60+ years?  No. Not buying it.

regarding Roberts, I just remember that rumor being tossed around by left wing blogs when he was being nominated.   I used to listen to Randi Rhodes and she was constantly bringing that up at the time.  Other than that I have no clue.

regarding Souter - never thought about it either way until you brought it up.    Being single, even your whole life doesn't mean you're gay.   From his personal info on Wiki it says he was once engaged and he does appear to be a quirky guy:

Souter enjoys mountain climbing in New Hampshire during the judicial off-season; he waits until only a few days before the Supreme Court's session begins to return to Washington, where he lived for years in a spartan apartment.[2] Souter was attacked by two youths in what appeared to be a random incident when jogging home at night in 2004. He managed to fend off these attackers using the martial arts skills he developed while attending Harvard.[2]

He is co-chair of the We the People National Advisory Committee.[citation needed]

Once named by The Washington Post as one of Washington DC's 10 Most Eligible Bachelors,[2] Justice Souter has never married, though he was once engaged.[citation needed]

According to Jeffrey Toobin's book The Nine, Souter has a decidedly low-tech lifestyle. He writes with a fountain pen and does not use email. According to Toobin, Souter has no cell phone, no answering machine, and no television. He prefers to drive back to New Hampshire for the summer.[2]

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Re: List of possible replacements for Justice David Souter
« Reply #18 on: May 03, 2009, 03:12:30 PM »
regarding Roberts, I just remember that rumor being tossed around by left wing blogs when he was being nominated.   I used to listen to Randi Rhodes and she was constantly bringing that up at the time.  Other than that I have no clue.

regarding Souter - never thought about it either way until you brought it up.    Being single, even your whole life doesn't mean you're gay.   From his personal info on Wiki it says he was once engaged and he does appear to be a quirky guy:

Souter enjoys mountain climbing in New Hampshire during the judicial off-season; he waits until only a few days before the Supreme Court's session begins to return to Washington, where he lived for years in a spartan apartment.[2] Souter was attacked by two youths in what appeared to be a random incident when jogging home at night in 2004. He managed to fend off these attackers using the martial arts skills he developed while attending Harvard.[2]

He is co-chair of the We the People National Advisory Committee.[citation needed]

Once named by The Washington Post as one of Washington DC's 10 Most Eligible Bachelors,[2] Justice Souter has never married, though he was once engaged.[citation needed]

According to Jeffrey Toobin's book The Nine, Souter has a decidedly low-tech lifestyle. He writes with a fountain pen and does not use email. According to Toobin, Souter has no cell phone, no answering machine, and no television. He prefers to drive back to New Hampshire for the summer.[2]


QFT

Bay is funny. I guess it has to do with his personality AND his orientation but from this and other posts he seems to think being single is any number of a few things: a mental deficiency, mental illness, wrong and if a man is single for more than a few months he must be gay. Very strange.
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Re: List of possible replacements for Justice David Souter
« Reply #19 on: May 03, 2009, 03:32:56 PM »
QFT

Bay is funny. I guess it has to do with his personality AND his orientation but from this and other posts he seems to think being single is any number of a few things: a mental deficiency, mental illness, wrong and if a man is single for more than a few months he must be gay. Very strange.
If he would ever tell us who of all the political hotshots that were gay we would be shocked..::)
BUT he won't - he's not in the outing business and we can't handle the 'truth', et al.
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Re: List of possible replacements for Justice David Souter
« Reply #20 on: May 03, 2009, 04:31:13 PM »
Maybe he just can't get a female. I know lots of lifelong bachelors who aren't gay. They just spared themselves the horror of marriage.
who?  you and Bill Maher?  :D  JK ;D

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Re: List of possible replacements for Justice David Souter
« Reply #21 on: May 03, 2009, 04:35:04 PM »
who?  you and Bill Maher?  :D  JK ;D

Probably.
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Re: List of possible replacements for Justice David Souter
« Reply #22 on: May 03, 2009, 06:18:12 PM »
Maybe he just can't get a female. I know lots of lifelong bachelors who aren't gay. They just spared themselves the horror of marriage.

Rod stewart said if he wanted to get married he would find a woman who hated his guts and would buy her a huge house.

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Re: List of possible replacements for Justice David Souter
« Reply #23 on: May 04, 2009, 12:23:17 PM »
Obama likely to pick female nominee?
Posted: 04:43 PM ET

From CNN Senior White House Correspondent Ed Henry

WASHINGTON (CNN) – In the very early stages of the selection process to replace Justice David Souter, Obama administration officials say there is a strong inclination to pick a woman, but stress there is no short list and the field of candidates is wide open.

The officials acknowledge the likelihood of a female pick stems in part from the fact that former Justice Sandra Day O'Connor was not replaced by a woman so there is now just one female on the high court, Justice Ruth Bader Ginsburg, out of nine justices.

Rachel Brand, a veteran of the former Bush administration's Supreme Court selection process, said the general perception in legal circles is that Obama will nominate a woman for that reason.

"Or there is a strong expectation he will nominate a woman partly because Justice O'Connor was not replaced by a woman," said Brand. "That's not to say that he has to or even that he should nominate a woman. It's just what the political imperative seems to be right now."

Administration officials do not disagree with that perception, but stress that Obama is going to use overall qualifications for the job as the guiding principle - regardless of gender or race. That could mean winding up with a well-qualified man, similar to former President George W. Bush's selection of a Chief Justice.

"He's going to go with excellence, not unlike the previous President going with John Roberts," noted one Obama administration official.

Brand said the possibility of multiple Supreme Court retirements over the next few years could give Obama some flexibility in his first nomination.

"He may nominate a woman for this one and then the next time he may be freer to nominate whomever he wants, or he may decide that he should go with whoever the best candidate is irrespective of gender," said Brand. "But certainly the conventional wisdom is he will go with a woman.

http://politicalticker.blogs.cnn.com/2009/05/03/obama-likely-to-pick-female-nominee/#more-50290

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Re: List of possible replacements for Justice David Souter
« Reply #24 on: May 04, 2009, 12:27:08 PM »
Here is my bet:

1.  Woman
2.  Minority
3.  Pro-abortion
4.  Believes in the "living breathing document" theory of the constitution.
5.  Gay/Lesbian/Transgender
6.  Believes in reviewing foreign law as a source for a case.
7.  Anti Death Penalty
8.  Pro-Quotas
9.  Pro - Eminent Domain