WASHINGTON — The most important number in President Barack Obama's consideration of a Supreme Court nominee may be 50.
That's the age of Solicitor General Elena Kagan, who hit the half-century mark in late April. If Obama nominates Kagan to the high court, her age could be the decisive factor.
Kagan is the youngest, by nearly seven years, of the four people the president is known to have interviewed to succeed retiring Justice John Paul Stevens. She would be the youngest nominee by a Democratic president since 1962, when President John F. Kennedy chose 44-year-old Byron White.
Age is one of many considerations before Obama as he closes in on filling the vacancy that will be created by Stevens' retirement this summer. The president could announce his pick any day.
One reason that age could be important is that this appointment is unlikely to immediately affect the court's balance of power. There was a shift when President George W. Bush chose appeals court judge Samuel Alito to replace Justice Sandra Day O'Connor, a moderate whose vote often made the difference in ideologically charged cases. Alito is now considered to be one of the more conservative justices.
This time around, Obama is certain to name a left-of-center successor to Stevens, the court's leading liberal. Finding a younger justice, who theoretically would serve longer, could enhance Obama's legacy.
Picking younger justices has been a hallmark of recent Republican presidents. The current chief justice, John Roberts, was 50 when Bush nominated him and Clarence Thomas, chosen by Bush's father, was 43. Other than Alito, who was 55, every GOP-nominated justice back to O'Connor was 50 or 51.
The White House has given every indication that it will follow the same strategy that worked last year when appeals court judge Sonia Sotomayor easily won confirmation. Rather than nominate someone largely because of an ability to make it through the Senate, Obama chose someone he wanted. Sotomayor's powerful personal story carried the day.
Obama has mainly avoided choosing liberal stalwarts for the bench so far. He may again avoid a major confirmation fight by opting for a candidate with a track record of moderation and a reputation for working well with conservatives.
Or he could go for broke in a Senate where Democrats control 59 votes: a nominee with a clear liberal voice, who might elate Obama's political base, but force him to use some political muscle to win confirmation.
Associated Press
