Putting President Obama on the Supreme Court is sort of a no-brainer, and I expect Hillary Clinton to seriously consider it if a slot opens up while she’s serving as president. Obviously, I am making a lot of assumptions here, including that Obama would be willing to serve on the Court.
I think the biggest obstacle would actually be concerns about Obama having to recuse himself from too many cases, especially in his first few years in service. But I don’t think there would be all that much of a struggle to get him confirmed.
Oh, yes, the right would melt down. But the conflict of interest would be their only legitimate talking point. The country as a whole would strongly approve, and there really aren’t any arguments to make against the appointment.
I do think Obama would be reluctant to take the appointment in Clinton’s first term. He’ll want to relax, see his children off to college, and get his library up and humming. Eventually, however, he’ll want a way to serve his country again.
I can totally see this happening.
