Roughly Speaking podcast: Halloween special: Best of horror movie music (episode 168)

Charles Evans Hughes

Bring back Justice O'Connor

Bring back Justice O'Connor

The death of Justice Antonin Scalia has already deepened the divide in American politics. Even when the president's party controls the Senate, Supreme Court confirmations are difficult; just ask President George W. Bush about what happened with Harriet Miers. In the midst of an open-seat presidential election, and with the White House and Senate controlled by opposing — and increasingly polarized — parties, it might seem impossible for President Barack Obama to put a new justice on the bench.

The key word there is new. To minimize the chances of a Senate filibuster, President Obama should nominate Sandra Day O'Connor. There is historical precedent for...