Clinton supporters spent the weekend accusing Obama of plaugerism. Obama supporters are already huffily warning superdelegates not to upset the will of the voters, as though Obama’s narrow lead at the two-thirds mark of the campaign is proof of what that will is. Both sides need to chill out and remind themselves that as tempting as it is to become the first black or the first woman in the White House, what’s really important is that one of them become the next person to appoint a Supreme Court justice. As Jeffrey Toobin points out in his excellent new book The Nine, the long effort of the Republican right to remake the Supreme Court has begun to bear fruit. With Justices Roberts and Alito taking over for the more moderate Rehnquist and O’Connor, the Court’s decisions have swung to the right. Further decisions limiting individual right and ratifying expanded executive power are certainly possible. Justices Stevens, Ginsburg and Scalia are nearing the end of their careers. It’s important that their replacements bring an open mind to these questions. Clinton and Obama are in an odd position—each has to play to win, but not if it means damaging his or her rival’s chances. Nothing about this political season has been particularly predictable, but I’d be surprised if this race doesn’t stay close until the end. I have no problem if the superdelegates use their votes to punish a candidate if he or she doesn’t play fairly, or to tip the race to that candidate who actually has the best shot at appointing that next Justice.
