The impending w/drawal of JRE from the prez sweepstakes offers considerable speculation about what deals may or may not be made w/ the 2 remaining candidates. There have been discussions about Edwards being offered the VP slot, and there have been discussions about his being offered a cabinet post. No one has discussed the possibility of his being promised the next SCOTUS vacancy.
As most of us know, the Court is currently on the verge of listing heavily to the right for the next generation. We also know that Stevens is in his late 80s, and other justices are gettting up in years. The next president, accordingly, is likely to have considerable influence on the SCOTUS.
As a general rule, SCOTUS nominees are sitting judges at the time of their respective appointments. The Court is considered to be the top rung on the career ladder for federal appellate judges, and nominees are usually evaluated based upon their prior judicial records. There are, however, 2 current justices (Roberts and Thomas) who had minimal prior judicial experience at the time of their respective appointments.
Even more significantly, the most influential 20th century justice, Earl Warren, had no prior judicial experience at the time of his appointment. Just as significantly, Warren was nominated as part of a political deal in the 1952 campaign. In exchange for throwing the support of the CA delegation to Eisenhower at the GOP Convention, Warren, the CA governor, was promised the first opening on the Court. When CJ Fred Vinson suddenly died in 1953, Eisenhower kept his word and appointed Warren.
The timing is perfect for a similar deal to be made here. Edwards's suppport could be as critical to Obama's prospects now as Warren's support was to Eisenhower's prospects then. W/ the school desegregation cases pending, the SCOTUS was at a critical stage in 1953, and it is at an equally critical stage now. Like Warren then, Edwards could bring a different perspective to the Court at a critical time.
I relish the idea of a Supreme whose judicial perspective would be largely derived from his experiences representing real people w/ real problems. I relish even more the idea of Edwards matching wits w/ Scalia in SCOTUS conferences. Given his obvious people skills, Edwards might be able to thwart Roberts's attempts to build a majority coalition. Edwards is still young enough to have a long Court tenure if he were appointed.
Obama's underlying thesis is that he is willing to bring fresh perspectives and fresh ideas to stale institutions. Edwards could do the same thing for the SCOTUS. If Obama really wants to think outside the box, and if he really wants to win the nomination, a deal w/ Edwards would be the perfect way to do both.