Wednesday, June 08, 2005
The Most Often Mentioned Candidates And The Prospects For A Senate Fight
Posted by Tom Goldstein at 06:45 AM
Here is my previous list of potential nominees, sorted into categories reflecting my sense of whether they would produce a moderate, substantial, or severe confirmation fight. Note that the premise of these categories is that each of the widely discussed potential nominees is likely to produce Democratic opposition - some, very substantial opposition - because each is quite conservative.
In the Judiciary Committee, I expect that all these nominees would be successfully recommended to the floor, although in a few instances with very considerable difficulty and under great pressure from the Senate leadership. Those in the Mild category would receive a few Democratic votes; Substantial would receive a few (and perhaps none); Severe would receive none.
On the Senate floor, I expect that all these nominees would receive a majority vote, although again in a few instances with some difficulty and as a consequence of loyalty to party. Those in the Mild category would not be subjected to an attempted filibuster; Substantial would be subjected to the discussion of a filibuster and possibly an attempt, with the outcome uncertain except that Republicans would regard the recent pact as having been violated and would successfully impose the nuclear option; and Severe would be subject to a successful filibuster with the outcome regarding the nuclear option uncertain.
To reiterate, because the blog is new, the list doesn't represent any view on whether a particular nominee should be supported or opposed. Rather, it represents my prediction of what would occur.
ModerateAlberto Gonzales - Attorney General
John Kyl - U.S. Senate
Larry Thompson - General Counsel, PepsiCo (former Deputy Attorney General)
SubstantialSamuel Alito - Third Circuit
Edith Brown Clement - Fifth Circuit
John Cornyn - U.S. Senator
Emilio Garza - Fifth Circuit
J. Michael Luttig - Fourth Circuit
Michael McConnell - Tenth Circuit
Ted Olson - Gibson, Dunn & Crutcher (former Solicitor General)
John Roberts - D.C. Circuit
J. Harvie Wilkinson - Fourth Circuit
SevereJanice Rogers Brown - California Supreme Court (soon to be on the D.C. Circuit)
Edith Jones - Fifth Circuit
The web log for Prof. Duncan's Constitutional Law Classes at Nebraska Law-- "[U]nder our Constitution there can be no such thing as either a creditor or a debtor race. That concept is alien to the Constitution's focus upon the individual. In the eyes of government, we are just one race here. It is American. " -----Justice Antonin Scalia If you allow the government to take your liberty during times of crisis, it will create a crisis whenever it wishes to take your liberty.
Thursday, June 09, 2005
Supreme Court Nomination Blog
Check it out here. Here is a recent post analyzing possible Bush Supreme Court nominees and the probable degree of opposition from the Democrats:
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I. Tinker A student's right to speak (even on controversial subjects such as war) in the cafeteria, the playing field, or "on the...
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Monday August 28 : Handout on Moore v Harper (PDF has been emailed to you); Originalism vs. the "Living Constitution": Strau...
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Jack Phillips of Masterpiece Cakeshop (art by Joshua Duncan) "We may not shelter in place when the C...
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