The subject of likely future nominees to the U.S. Supreme Court has been written about extensively before. Last year, over at SCOTUSblog, Tom Goldstein came up with short lists of Democratic nominees and Republican nominees.
Now that we’re a little closer to the election, with a presumptive Republican nominee and two possible Democratic nominees, additional speculation is in order. It’s what Kim Eisler provides in the latest issue of Washingtonian. He writes:
The most intriguing McCain preference, given his Vietnam War background, would be Viet Dinh, a Harvard Law–educated former Justice Department official who was a key figure behind the USA Patriot Act. Dinh fled Vietnam for the United States in 1978, and his story of escape and survival—12 days in a boat with no food or water—almost rivals McCain’s in drama and courage. Sources say McCain is drawn to the escape narrative as much as to Dinh’s conservative ideology. Solicitor General Paul Clement would also be at the top of any short list.
And what about for the Democrats?
For a new Democratic president, former solicitor general Seth Waxman is considered the next justice in waiting. He is a busy partner at Washington’s WilmerHale. But a President Barack Obama might appoint Massachusetts governor Deval Patrick to the high court.
To replace Ruth Bader Ginsburg, the almost-certain top choice for a Democrat would be 47-year-old Harvard Law School dean Elena Kagan, a former lawyer at Williams & Connolly, who once clerked for Obama legal hero Thurgood Marshall.