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May 1, 2009

Cato scholar on SCOTUS appointments

by Jason Pye

Ilya Shapiro from the Cato Institute dives into the names of possible replacements for Justice David Souter:

[Obama] is under great pressure to appoint a woman, and the three leading female candidates are new Solicitor General Elena Kagan, Second Circuit Judge Sonia Sotomayor, and Seventh Circuit Judge Diane Wood. Kagan would be an almost-certain pick a year from now, but having been just confirmed to be the so-called Tenth Justice, she might be seen as too green for elevation. Sotomayor — because she is Hispanic and despite a mixed judicial record — was the odds-on favorite until the Court took up the employment discrimination case of Ricci v. DeStefano (argued just last week), an appeal of a bizarre opinion Sotomayor joined that denied the claims of firefighters who had been passed over for promotion because of their race. That leaves Wood, a renowned authority on antitrust, international trade, and federal civil procedure, whose age (58) suggests that this is likely the last vacancy for which she will be considered. Wood offers a seriousness of purpose and no ideological ax to grind, and is thus the best nominee supporters of constitutionalism and the rule of law can hope for at this time.

The Huffington Post has the shortlist of possible nominees, including Leah Ward Sears (who is from my home state of Georgia).

I guess it’s too much to ask for Janice Rogers Brown.


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5 Comments

  1. I’m with you on the Janice Rogers Brown idea… Unfortunately Obama isn’t…

    Comment by Brad Warbiany — May 1, 2009 @ 8:40 am
  2. I wonder how many of the so-called conservatives who said that all of Bush’s judicial appointments should receive an “up or down vote” believe that Obama’s deserve the same? For the record, I have always been in favor of filibustering (provided that those who are filibustering go non-stop around the clock). Senators are duty bound to do whatever it takes to prevent judges who do not rule based on the Constitution and the rule of law.

    Here is a link to a post I wrote in November of 2004: http://fpffressminds.blogspot.com/2004/11/appointing-qualified-judges.html

    After re-reading it, I have to say that my opinion hasn’t changed much on the matter.

    Comment by Stephen Littau — May 1, 2009 @ 2:48 pm
  3. I also agree with both of you on JRB. It’s too bad Bush didn’t appoint her when he had the chance.

    Oh well, she probably wouldn’t have been confirmed anyway.

    Comment by Stephen Littau — May 1, 2009 @ 2:49 pm
  4. Obama’s nominees should get the exact same level of respect and the exact same treatment the democrats have given over the years to repub nominees, such as Bork and Thomas. Especially since there will be a propaganda blizzard of lies put forth by the MSM about how “moderate” and what a “brilliant legal mind” whatever left-wing statist the One nominates.

    They invented the art of sliming and character assassination. What goes around, comes around, and payback is a bitch.

    Not that I really have any expectations of the scrotumless shell of the GOP to stand up for anything these days.

    Comment by southernjames — May 1, 2009 @ 4:05 pm
  5. Oh, and McCain MIGHT have nominated Janice Rogers Brown or someone like her. But we’ll never know, now will we. And what do you care anyway? The make-up of the Federal judiciary couldn’t be all THAT important to you can it? – after all, it was more important to stay ideologically pure, and either stay home or vote for Bob Barr, wasn’t it. Hmm?

    Comment by southernjames — May 1, 2009 @ 4:09 pm

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