Over at SCOTUSblog, Tom Goldstein has a long post on who a Democratic president might nominate to fill the Supreme Court vacancies that would surely open up if the GOP exits the White House in 2008.
Goldstein’s criteria are fairly straightforward: ideology, experience, demographics, and age (he excluded anyone born before 1952).
Some of the names are familiar (Sonia Sotomayor, Merrick Garland) and some are unexpected (Jennifer Granholm, Ken Salazar). Here’s Goldstein’s bottom line:
My ultimate predictions? Kim Wardlaw (2009, for Souter), Deval Patrick (2010, for Stevens), and Elena Kagan (2011, for Ginsburg).
What, no Harold Koh?
A SCOTUSblog commenter suggests another factor for a Democratic president to consider:
a relevant consideration is “How aggressively is the nominee going to articulate a coherent liberal jurisprudence?” Finding a lefty version of Scalia to blast the right and get opinions into law school casebooks is what Democrats should be aiming for if they care about politics and partisan entrenchment to their benefit.
The anti-Scalia! Does such a creature exist?