
I've aggregated many, many news sites and have a fairly complete list of Nominees. But, I also want to mention
Jonathan Singer, who broke the Souter retirement news yesterday, linked to the SCOTUS Blog, a Blog dedicated to the Supreme Court, which has a
follow-up to their democratic short list.
I'm going to list all the names I have and then give commentary on what seems to be good or bad about each one:
Sonia Sotomayor, - She appears the favorite in the mainstream media, especially in the eyes of
Politico. She's a Hispanic woman who was originally appointed by Bush I.
SCOTUS Blog also seems to think she's a top pick, especially as a first nominee choice. I think that she's definitely got 'women' and 'Hispanics' behind her (no word on if soon-to-retire Senator Martinez would vote yes).
Deval Patrick, - Although Patrick is on a lot of short lists I disagree that he's a viable choice. As
I wrote two days ago Patrick is done, politically. He's not well liked in Massachusetts and that's going to provide plenty of conservative fodder. While that probably wouldn't stop his confirmation and elephant never forgets and, if the Republicans make gains in the Senate and another spot on the Court opens up, Obama's going to have to pick a sub par justice to get him/her through. It's too risky to pick Patrick for first draft, at least, and by the time second draft comes around he probably won't be Governor, having been defeated in the Democratic primary.
Elena Kagan, - While Kagan's confirmation to the U.S. Court of Appeals for the District of Columbia Circuit was stalled by Republicans she still seems to be a viable candidate. With that said it's entirely possible her confirmation will be blocked by Republican (+ Senator Specter) maneuvers. It's pretty clear that even with Franken seated the Democrats wouldn't have 60 votes as Specter
surely would want a hearing (unless he no longer stands by this letter he sent).
Merrick Garland, - He's got an impressive resume both standing against Bush and in terms of experience. Garland's a solid choice but, alas, not a woman so if Obama pulls a Reagan and his first appointee is to be a woman Garland would have to stand as a second time choice.
Cass Sunstein, - If Obama does "
turn to people he's familiar with" Sunstein has to be considered at or near the top of the list. He has been both a colleague of Obama's at the University of Chicago, advisor on the campaign trail and will head the White House Office of Information and Regulatory Affairs.
Diane P. Wood, - The
favorite of SCOTUS Blog, Wood meets the requirement of being a woman and is considered 'somewhat liberal.'
Jennifer Granholm, - Constrained by term limits in 2010, Granholm is undoubtedly searching for a new job. But, like Patrick, she's got
very poor poll numbers on the home front. That's going to be a major dent in the armor but, unlike Patrick, she isn't a '
mini-me' for Obama nor was she angling to get a job with Obama, like Patrick. That being said, Granholm is no Earl Warren, who ran with
both the Democratic and Republican nominations for Governor of California in 1946 and won with 90% of the vote. Further, it's unlikely that she'll lead the Court in the way Earl Warren did. (Admittedly, she won't be Chief Justice but still, Granholm cannot hold a candle to Warren, who was the last Governor to be nominated to the Supreme Court).
Leah Ward Sears, - Sears is a popular choice, being the first woman to serve as Chief Justice of the Georgia Supreme Court and an African-American. She'd be in a similar mold to Sandra Day O'Connor, who was on the Arizona Court of Appeals.
Harold Hongju Koh, - Koh is probably not, realistically, a very viable choice. He's too liberal too be a serious choice, being "an expert on international law and human rights." Such a position will, undoubtedly, lead to serious conflicts with Congress and the President in the future and he will be a nominee who 'judicial restraint' activists will adamantly oppose. He'll probably have a harder fight than any of the previously mentioned candidates and, if he does appear on the President's shortlist it'll be so conservatives are more willing to back whoever the President does end up choosing.
Ruben Castillo, - The judicial version of fictional West Wing President Matt Santos, Castillo would be a strong choice for Souter's replacement. Yet, being the judicial version of Matt Santos is his problem. He, most likely, won't get on the President's shortlist, the first time around at least, because he'll be overlooked in favor of someone else.
Kim McLane Wardlaw, - She's a perfect choice to spend political capital on, if Obama wants to loose capital early. If Congress passes Health Care before Souter retires and Obama has to name a Justice, Wardlaw is definitely in the running. She's liberal, creating a fight with Republicans, and wrote the decision "
that said Arizona school officials violated the constitutional rights of a 13-year-old middle school student who was strip-searched in an unsuccessful effort to find drugs." Yet, without major legislative accomplishments coming before the replacement of Souter Obama's unlikely to nominate her. But, the upside of her being on the Supreme Court would be that the Court became more diverse ideologically and we'd certainly get some interesting dissenting/consenting briefs.
Kathleen Sullivan, - Sullivan isn't likely to get past the Senate without a very, very heavy confirmation fight. She's a open advocate of "
abortion rights and gay rights." Unfortunately, nearly half-a-century after the Supreme court ruling legalizing abortion, abortion rights are still a major wedge issue. Gay rights won't be as hard to pass by but she'd have a better chance after 2012.
Johnnie Rawlinson, - I agree with
SCOTUS Blog that Rawlinson is too conservative to be taken as a serious choice.
Margaret McKeown. - McKoewn believes in the
Separation of Church and State, i.e. the Constitution, making her a target for religious conservatives. While she'd be a good choice as a Justice she'd be a better choice if the Court was already solidly left of center.
Ann Williams, - Williams is an African-American woman, like Sears, but, unlike Sears, she was originally appointed by Reagan to the Federal District Court and elevated by Clinton. She's more of a risk, as she's considered a moderate, and might swing to the right on some issues. Williams is not a strong candidate for Obama to propose and, if he wants a more left-of-center Justice, he'll probably keep her off his shortlist.
If anyone has any other names I'd like to hear them. I'd also like to hear your commentary on these potential Justices as well.
Natch Greyes is a Democrat running for Senate in 2020. His campaign platform may be found at
natchgreyes.com
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