The Philadelphia Inquirer, May 10, 2009 by John Yoo
http://www.philly.com/inquirer/currents/20090510_Obama_needs_a_neutral_justice.html
Obama could make a pick based solely on race or sex—though it’s not clear why the most empathetic judges are minorities or women—to please parts of his coalition. But if the president wants to secure the success of his economic, political, and national-security objectives, he should remember FDR’s example and choose a judge who believes in the right of the president and Congress, not the courts, to make the nation’s policies.