ATL Poll: Who Should Replace SCOTUS Justice David Souter?
ATL readers, there are many names being bandied about as potential nominees for the Supreme Court. We’ve narrowed the list to nine people who have been mentioned by at least two of the following outlets: BLT, AP, and the SCOTUSblog.
That the next Supreme Court justice will lack a Y chromosome is a virtual certainty, but we’ve thrown a few token males into the poll anyway. Who strikes your fancy?
More on these nine, after the jump.
The Washington Post reports that Vice President Biden is in charge of drawing up the list of potential nominees. According to the Post, the following nominees have been discussed at 1600 Pennsylvania for some time now:
Most court observers also believe Obama would be likely to choose a woman as his first appointment, since Justice Ruth Bader Ginsburg is the lone female among the nine justices.Most often mentioned as possibilities are two appeals judges, Sonia Sotomayor of New York and Diane P. Wood of Chicago, along with Obama’s new solicitor general, Elena Kagan…
White House advisers have been drafting lists of potential replacements virtually since Obama took office, and the list is said to also include Stanford University law professor Kathleen M. Sullivan, Kim McLane Wardlaw of the U.S. Court of Appeals for the 9th Circuit, Michigan Gov. Jennifer M. Granholm and Georgia Supreme Court Chief Justice Leah Ward Sears.
You can get biographical details on some of the potential nominees from The Associated Press and the BLT.
SCOTUSblog goes a bit more in depth, focusing on the female nominees:
[T]he three obvious candidates are Elena Kagan (SG), Sonia Sotomayor (CA2), and Diane Wood (CA7). The sleeper candidate is Michigan Governor Jennifer Granholm. Governor Granholm subsequently said she was not interested, but you never know. Through all his Chicago ties, including to the University of Chicago Law School, the President will be very familiar with Judge Wood’s reputation for brilliance. The President also knows Elena Kagan (who has her own Chicago ties) and the Administration will be very conscious of the fact that General Kagan is ten years younger and has the reputation from Harvard of working very well and persuasively among an ideologically diverse group.
So there you go. Now we play the sit-and-wait game. In the meantime, Kash and Elie are contemplating starting a “David Lat to SCOTUS” campaign.
Earlier: Breaking: Justice Souter Retiring
Supreme Court Retirement Watch: Justice Souter?
A look at potential Obama nominees to high court [AP]
Justice Souter’s Retirement and Where We Go from Here [SCOTUSblog]
An Early Line on Possible Souter Replacements [BLT]
Souter Reportedly Planning to Retire From High Court [Washington Post]
(309) Comments
Comments
firsty
firsty
firsty
FAIL
Souter is leaving the Court,
The newspapers all report.
But who will replace,
That legal disgrace?
Bob Bork deserves your support!
- Another Trite Limerickist
Why is Leah Ward Sears not a choice?
Bob Costas
sotomayor is nasty. I saw her at the 2CA recently and she was just rude.
Do you all remember the last time Obama had the power to nominate someone? Here is a video of that press conference:
http://www.youtube.com/watch?v=Yu_moia-oVI
Would she be the next Justice Harlan?
Or with her wit the first high-court George Carlin?
Any way it would go,
It'd be a hell of a show:
The clear choice is Pamela Karlan.
Please amend the poll to include the greedy asian chick on the dealbreaker ad.
Wood all the way baby!
Better candidates:
Eliot Spitzer
Sarah Palin (in "Team of Rivals" spirit)
Alan Stanford (not charged with any crime)
Harriet Miers
Jessica Simpson
Hillary Clinton
It will be none of these people. Pathetic list.
Oprah. She has the life experience and empathy to understand what real Americans are going through, and she runs a successful business. And if you oppose her nomination, you're racist and sexist and about to be left behind by the hope and change.
Devolve Patrick? Don't make me laugh.
David Duke
Michelle Obama will be pushing for Ann C. Williams of the 7th circuit. She is a giant among African-American women lawyers in Chicago and a good friend of the Obamas. One of the more interesting things about Judge Williams is that she was appointed to the District Court by President George H.W. Bush, and was elevated to the Seventh Circuit by President Clinton.
Prof. Volokh
kim wardlaw, the lady has "law" in her name!
http://lawnerdingit.blogspot.com/2009/05/9th-circuitry-so-cal.html
Michele Obama's vagina kills kittens.
Eva Hanks.
Isn't Granholm a canuckistani?
Isn't Granholm a canuckistani?
On second thought, Karlan's a kibitzer,
And the position I just don't think fits her.
Number 13's suggestion
I think is the best one:
It has to be Eliot Spitzer.
orin kerr FTW
1. Bill Clinton
2. Judge Judy
glad we are picking the highest judges in the land based on if they have a pussy or not. thats just wonderful.
Who do I have to ( ) to get Stevens K on a poll around here?
18 -
While I agree with you that Judge Williams is a sleeper candidate, she was appointed to the District Court by President Reagan, not the first President Bush. If she was good enough for the Gipper, how can the Republicans complain?
Harriet Miers
On second thought, Karlan's a kibitzer,
And the position I just don't think fits her.
Number 13's suggestion
I think is the best one:
It has to be Eliot Spitzer.
(fail)
Diane Wood would be a great choice. Ann Williams of the 7th Circuit would be a good dark horse candidate. She is a thoughtful, hardworking and insightful judge. I am not sure whether she has the credentials that most SCOTUS justices have - NU, Notre Dame Law.
Sotomayor will not make it because she is too much of an obvious choice. Yes, she is very nasty in demeanor - but then so is Scalia. She is not that good a judge. She gets a lot of PR because she is in the hub of legal things.
I actually saw Castillo's name on one list this morning (of ND of IL). What a joke that is. His only qualification is that he is Hispanic, something that has gotten him far despite his laziness, nasty demeanor and intellectual dishonesty.
Someone in the mold of Brennan or Fortas. A liberal counterweight to Scalia.
Obama just got Kagan confirmed as SG. Obama has has to know he would get an appointment in the first two years. That makes me think Kagan is out because of her recent appointment, and is a more likely choice for later vacancies.
Would all SCJ prospects please stand over here and lift up your skirts so we can get a good look at them vagineys. Thank you.
Someone in the mold of Brennan or Fortas. A liberal counterweight to Scalia.
Where is Professor Charles Ogletree?
Manuel Real. He has a lot of life experience and is willing to let "empathy" do a lot of his judging for him.
Surprised you did not list Cass Sunstein
Kash,
How dare you ask our opinion on something as serious as the next SCOTUS justice! And on the day after someone died! Don't you know there are more important things to talk about...like layoffs!
DELETE THE COMMENTS!
-Moral Opprobrium Guy
# 33 -- I've met Castillo a number of times and heard him speak. He struck me as smart, charming, and a terrific guy. I also know people who have clerked for him, and he's known as hard-working and a good judge.
Diane Wood would be terrific.
You are going to be in trouble with Lat for not providing Hillary Clinton as an option.
ATL should be lobbying for Hillary to be picked. The confirmation battles would be interesting. And if she were confirmed it would quadruple interest in the Supreme Court. She would also diva it up on the bench.
# 33 -- I've met Castillo a number of times and heard him speak. He struck me as smart, charming, and a terrific guy. I also know people who have clerked for him, and he's known as hard-working and a good judge.
Diane Wood would be terrific.
I nominate Michele Obama's forehead.
Kash,
How dare you ask our opinion on something as serious as the next SCOTUS justice! And on the day after someone died! Don't you know there are more important things to talk about...like layoffs!
DELETE THE COMMENTS!
-Moral Opprobrium Guy
I nominate Zombie Rehnquist.
Kashmir, I cleared my calendar this morning because I thought I was going to be on this poll and relied on your representations as such. I wanted to be here to answer questions, explain why I was the best candidate, and ultimately become appointed due to a grassroots effort. Expect to be served with papers outlining my promissory estoppel theory by the close of business today. Damages are in the amount of lost business today, plus pain and suffering. I may also seek punitive damages. Section 90 of the Restatement is very clear on this, and controlling law.
Leah Ward Sears should be on this poll. She's clearly more qualified than any of the law professors or politicians on the list. Do I sense some northern elitism in your choices ATL?
The Supreme Court has a different kind of diversity problem that's unlikely to be fixed with a Harvard apologist in the White House.
"Not Just Harvard" by Daniel J. Meador:
http://www.law.com/jsp/dc/PubArticleFriendlyDC.jsp?id=1202429375981&hub=TopStories
KATHLEEN SULLIVAN is fantastic. She would definitely be my pick (if I had any input into this process at all!).
He will probably nominate another anti-freedom, America-hating socialist in his own image.
Granholm makes the poll and Leah Ward Sears does not? Must be that Harvard connection thing.
Did Kash refer to herself in the third person? Cool.
I have met Sotomayor and she seems exceedingly smart, thoughtful, and gracious.
The winner will have dark skin and squat to pee.
5, limericks must flow better than that. Try this:
Souter is leaving the Court,
That's what the papers report.
But who will replace,
That legal disgrace?
Bob Bork deserves your support!
"Ann Williams of the 7th Circuit would be a good dark horse candidate. She is a thoughtful, hardworking and insightful judge. I am not sure whether she has the credentials that most SCOTUS justices have - NU, Notre Dame Law."
muhahaha.....you discredit her just because she went to NDL???
Whoever is nominated, she must agree to let me pound her in the ass during our summer recess.
Naughty Nino
Judge Wood Judge Wood Judge Wood Judge Wood!!!
Would love to see Judge Wood on the Court. She is brilliant, courteous, but never lets an attorney skirt around an issue or argument and will push them until they address her Q. She's somewhat moderate on criminal issues and I'd guess would be a reasonably uncontroversial confirmation.
Chi-town takes over Washington. Second city my ass.
Do not walk small pets anywhere near Michele Obama, her vagina will eat them.
Mickey Rourke
Why are Leah Ward Sears and Johnnie Rawlinson not listed as potential appointees? Apparently, the Wall Street Journal has deemed them as such. I cast my vote for Sears.
"Ann Williams of the 7th Circuit would be a good dark horse candidate. She is a thoughtful, hardworking and insightful judge. I am not sure whether she has the credentials that most SCOTUS justices have - NU, Notre Dame Law."
muhahaha.....you discredit her just because she went to NDL???
It is undeniable that a vagina is a primary qualification for the SCOTUS. That just makes sense. However, some women have a condition called didelphic uterus, which results in - wait for it - TWO vaginas.
http://www.thesun.co.uk/sol/homepage/woman/real_life/article344794.ece
Can you imagine the power of a two-vaginaed Justice? She would be undefeatable in the political correctness rock-paper-scissor calculations made in modern liberal thought, where her double barreled crotch shotgun would double not only her female qualifications, but perhaps even count as a physical disability. Can you imagine?! Better still, if we were able to find such a woman who was of a pre-approved minority (African-American, Hispanic, and/or Native American), her qualifications would stack up like some sort of fucking appointee Voltron.
I hereby petition Obama to divert all funds not previously diverted from National Defense into searching for such a candidate and, if possible, somehow wrestling her overpowered frame into a cage for shipment to the SCOTUS.
KATHLEEN SULLIVAN FAILED THE CALI BAR IN JULY 2005. HOW CAN YOU BE ON THE SUPREME COURT IF YOU CANNOT PASS THE F-ING BAR EXAM???????
If the Obama team had any grasp of reality, they would realize that this country is in dark times and needs something to lighten the mood of its people. With that in mind, I think Texas Tech coach Mike Leach would be a suitable nominee. He has his JD from Pepperdine, he has led his team to 9 consecutive winning seasons, and has the Red Raiders on the cusp of playing in a BCS game. On top of that, he's consistently quotable, witty, and does not back down from controversy.
I would predict a relatively easy confirmation process.
Kathleen Sullivan's nomination would give hope to all those who failed the bar exam that no, your life is not over.
i nominate Bill Clinton. Let's put him on the Court so he can have his way with Ruth Bader Ginsburg.
You have to pass the bar exam in order to be a Supreme Court Justice? Does the Texas bar exam count?
i just voted for kagan. i'm not a contract attorney or anything, but i wonder if i might have some sort of promissory estoppel claim depending on what happens now. for example, if i rely on that vote to my detriment by believing that kagan will be souter's replacement, and kagan isn't nominated or approved, i think i'd have a pretty compelling claim against president obama and/or the senate.
if there are any experts on Section 90 of the Restatement out there, can you tell me how much money i might win in this litigation?
Please take Deval Patrick away from us in Massachusetts!!! Put him on the Supreme Court where he can't do much damage and spend all our money.
65 wins.
Who should be on SCOTUS? The creator of this masterpiece:
http://www.youtube.com/watch?v=UWRyj5cHIQA
Karl Rove
Elie - Delete this comment thread now! Have some decency!
J. Harvey Wilkinson straight up.
Diane Wood
Anyone mentioning Koh, Patrick, or Granholm obviously doesn't know what they're talking about. Please.
how many clerks do you think bill clinton would nail???
33's right on about Castillo -- he's one of NDIllinois' few embarrassments. But I'm surprised at Diane Wood's popularity -- she's liberal only on social issues, though definitely a terrific mind. Ann William's probably more liberal overall. And Williams definitely continues the Labbie connection, even if she did go to NU and NDL. More I think about, more I think Williams has a shot. Couldn't happen to a nicer lady, either.
Who was the first President Bush's AG when Souter was nominated?
Why did he not pursue a Section 90 claim against Justice Souter? Souter held himself out as a conservative, and, relying on Souter's stance, Bush nominated him for the Court. Case closed. Probably too late for HW to sue for malpractice, but his AG should be publicly censured for missing such an obvious estoppel case.
I nominate Bert J. van der Werff . Five dollars per case will help lower the budget deficit.
how many clerks do you think bill clinton would nail???
45 - it's a fivehead.
Posner or Easterbrook.... intellectual titans from the 7th circuit!!
no more federalists society members on the supreme court, so i am going to vote against Lat to SCOTUS.
How is Judge Joe Brown not on the list? He is black so he is well qualified. Too much of a tough love approach, I guess.
"her qualifications would stack up like some sort of fucking appointee Voltron."
This was full of win.~ Not 65
1. I echo the sentiment of other commenters here--I can't believe that effing dealbreaker ad is BACK!
2. I love the overwhelming support for SS. Could it be that she's the only person on the list with whom New Yorkers are familiar?
Judge Wood would be an excellent choice. Brilliant and accomplished moderate.
65 -- BRILLIANT. Especially the Voltron part.
Since PE has checked out for the day, I'll try to fill in...
Peer Firm. Non Peer Firm
Peer Firm. Non Peer Firm
Peer Firm. Non Peer Firm
The End.
-PE
Does any think Souter is leaving because he is tired of getting pounded in the ass by Nino?
POSNER.
SMU is the Yale of Texas.
Just look at the bar passage rate.
Locke Lord Prestige
Texas to the Supreme Court. Diane Wood!!!
65 - I've never laughed so hard in my life.
Lisa: Nerds are nothing to fear, Dad. In fact, some nerds of note include popcorn magnate Orville Redenbacher, rock star David Byrne, and Supreme Court Justice David Souter.
Homer: Oh no! Not Souter! Oh nooo!
Umma Thurman
Why all the SMU hate?
The Honorable Michelle Obama!
Obama just got Kagan confirmed as SG. Obama has has to know he would get an appointment in the first two years. That makes me think Kagan is out because of her recent appointment, and is a more likely choice for later vacancies.
It should be Judge McKeown (9th Cir.) -- she's fantastic. Definitely not Wardlaw though.
2 Justices 1 Cup
97 - you do realize that if Wood is appointed, the odds of a Texas grad clerking for the Supreme Court would actually go down. She hates her alma mater - as evidenced by the terrible speech she gave at my graduation ceremony.
My bet is on Cass Sunstein. He can do the heavy lifting on Admin law, especially if Obama looks to add more admin regs. No one else has the admin law understanding at the level of Scalia who could take on Scalia like Sunstein.
I think I'm going to have stop reading and posting in the comments...I just can't take the Section 90 losers. So lame. So not funny.
What about Cabranes of 2nd circuit? He is smart and Hispanic. Why does noone think it will be him?
Posner is a brilliant jurist but he's too old, which is one of the main reasons W nominated his cleaning lady instead of Posner
Is the Texas bar exam accredited by the ABA?
spurious emission
How has the name Evan Chesler been left off the table for discussion? The man is a scholar, eminant litigator, humanitarian and civic activist. The man is leading the charge to revolutionize the profession. And most importantly, have you seen the dude's hair? Associate Justice Evan Chelser. Anything less is an injustice.
How has the name Evan Chesler been left off the table for discussion? The man is a scholar, eminant litigator, humanitarian and civic activist. The man is leading the charge to revolutionize the profession. And most importantly, have you seen the dude's hair? Associate Justice Evan Chelser. Anything less is an injustice.
How has the name Evan Chesler been left off the table for discussion? The man is a scholar, eminant litigator, humanitarian and civic activist. The man is leading the charge to revolutionize the profession. And most importantly, have you seen the dude's hair? Associate Justice Evan Chelser. Anything less is an injustice.
I pick the Mexican lady, as SCOTUS hires based on Affirmative Action, anyway. Maybe she'll be less of a liberal freak than the rest of them.
My secretary will be tossing my salad today during lunch so I will be out of touch for a little while.
Abe Frohman
Rovner
Chesler does have a nice head of hair.
Chesler does have a nice head of hair.
A true dark horse who would be exceptional -
Judge Susan P. Graber, 9th Circuit.
Deval Patrick? Negro, please. That guy is wicked unqualified.
If they let a Mexican into the Supreme Court, all the old white people will die of Mexican Pig Flu. This would be a bad thing.
Sanjay Gupta MD
Chesler keeps a stable of underaged male prosties in a hotel room in Chelsea. That aint gunna help is chances.
Say hi to your mother for me.
Judge Wilkinson to SCOTUS!
It's a toss-up between Roland Burris and Elie.
Let's settle it with a cage fight between Kathleen Sullivan and Pam Karlan, in the SLS quad, in front of Le Falcon. MMA rules apply. I mean, they have argued over things before, but this would be the ultimate prize...
Isn't Deval Patrick really unpopular in Massachusetts right now?
Is it me, or are women disproportionately represented on this list. Women are markedly inferior to men in just about every quantitative measure of intelligence and comprehension. Picking a woman just for the sake of diversity is wrong and unfairly prejudices more qualified men. Obama should pick the most qualified candidate, which undoubtedly will be a male from the South.
Likewise, including a liberal Asian on the "shortlist" list Koh is an abomination. The man doesn't even have the sense to go to a decent barber. It looks like he gets his hair cut at Fantastic Sam's. This is America and our highest offices should be filled by southern white males, just like our founding fathers intended. That's affirmative action for you, though.
Is it me, or are women disproportionately represented on this list. Women are markedly inferior to men in just about every quantitative measure of intelligence and comprehension. Picking a woman just for the sake of diversity is wrong and unfairly prejudices more qualified men. Obama should pick the most qualified candidate, which undoubtedly will be a male from the South.
Likewise, including a liberal Asian on the "shortlist" list like Koh is an abomination. The man doesn't even have the sense to go to a decent barber. It looks like he gets his hair cut at Fantastic Sam's. This is America and our highest offices should be filled by southern white males, just like our founding fathers intended. That's affirmative action for you, though.
There once was a Justice named Souter
Who couldn't find 2LiveCrew lewder
So aspiring to erudite
He wrote an opinion quite trite
That neutered old Justice named Souter
Fugitive From Justice - Shouldn't you be in Aruba killing blond American chicks?
My secretary will be tossing my salad today during lunch so I will be out of touch for a little while.
Abe Frohman
KAGAN has less experience THAN OBAMA.
So clearly it makes sense to appoint someone who's never been a judge, never argued before the high court, never argued before a circuit court.....
Oh, yeah. INCOMPETENCE AT AN ALL-TIME HIGH!
Agree with the comments re POSNER OR EASTERBROOK. Put an intellectual heavyweight on there and stop pussyfooting around.
I think Wardlaw is the most likely candidate among those listed above. When asked by a reporter several months ago, Obama identified Earl Warren as the model he would look to for identifying a future Supreme Court nominee, and Wardlaw is probably the most reliably liberal of the bunch. (Others may be more liberal but less "reliably liberal" in that they are not yet jurists and thus do not yet have a body of case law behind them from which future decisions can be handicapped.) Word is that Clinton nominated Wardlaw to become the intellectual successor to the aging Judge Reinhardt. She would be right up Obama's alley.
Sotomayor would be a close second. I don't think Judge Wood is liberal enough for President Obama's taste.
Women are intellectually inferior!!!
Don't succumb to this liberal propaganda!!!
Only men are fit to serve in the highest offices!!!
106-
You obviously didn't get a chance to hear her speak or speak with her at the law review banquet this year. She definitely doesn't "hate her alma mater."
Sears
Our tax dollars hard at work:
http://www.nypost.com/seven/05012009/news/regionalnews/paterson_burned_by_a_racial_fire_167078.htm
I'm guessing we won't see a report on ATL about this any time soon.
The politics of putting a female, hispanic woman on the SCOTUS will subsume the debate. It will drive another wedge into the Republican party.
Rahm Emmanuel is laying golden egg after golden egg.
Gov. Patterson: FIRE ALL WHITE PEOPLE NOW!
Gov. Patterson: FIRE ALL WHITE PEOPLE NOW!
Gov. Patterson: FIRE ALL WHITE PEOPLE NOW!
Gov. Patterson: I'm not a racist. I don't see color: I'm blind, remember?
Trig Palin
Sears should be on the list
Odds on Obama appointing himself?
FORTUNATELY, the GOP has advanced appointed Hispanics to much higher positions than any other party in American history.
The libs know they have to do something to keep them on their plantation.
Suprised to see Seth Waxman missing from the list.
Time is ripe for a grown-up heavy-duty appellate litigator.
Suprised to see Seth Waxman missing from the list.
Time is ripe for a grown-up heavy-duty appellate litigator.
81, Wood is a good choice. Ann Williams would be a great choice but again may not have the paper credential that these people are looking for. Yes, Williams has gotten more liberal in recent years, but, again, with Obama, that is not a bad thing. Either one would be fine.
Castillo is a seemingly charming and nice guy in person away from the bench. After all, those qualities, with his background, got him far. As a judge though, he is lacking in so many ways.
As for embarrassments to ND IL, the worst one is Sam "I wish my name were Ashcroft" Der-Yeghiayan. As bad as Castillo is, he is not in the Der-Yeghiayan league.
144 - historical precedent for it. Taft moved to from POTUS to SCOTUS.
"Presidents come and go, but the Court goes on forever." W.H. Taft
We are losing our New England representation...so I say...Cheryl Hanna!
65 for comment of the year
Clone Brennan.
Kozinski - he's young (for SCOTUS), brilliant, and writes the BEST opinions. 'Nuff said
I'm all for Williams. She is liberal, but fair and in my opinion writes well reasoned opinions.
I not that the poll is "should," so I voted for Sullivan. Had it said "will," I would have voted for Sotomayor.
Why not Condi Rice? it's time we had a black woman.
Kim Wardlaw lacks the candlepower and has a bizarre tendency to fire a clerk every couple of years. She'll never make it past vetting. The only reason she got her seat on the 9th was by giving tons of money to the Clinton campaign. There are far, far better choices on the Ninth Circuit: McKeown and Graber are some of the best judges that sit on that court. McKeown is probably a little better, if only because Graber seems to review everything de novo.
Diane Wood would be amazing.
And law professors who have never been judges should just be disqualified as a matter of course. That's like hiring a news reporter to be an economist just because he or she covered Wall Street.
65 = Best. Comment. Ever.
65 = Best. Comment. Ever.
Why not Condi Rice? it's time we had a black woman.
WHY HASNT ANYBODY MENTIONED ALBERTO GONZALES????
Next justice should be a gay black Mexican woman with two vaginas.
That will cost you two dragons.
I reiterate, Spitzer’d be fine.
The outrage would fade over time.
No one would remember
His john client number
Once he became one of the Nine.
Nadine Strossen - HLS, first woman to be the ACLU's national president, and NYLS professor.
As a HLS student-scholar, I feel very honored that most, if not all, of the serious contendors for the spot of "Associate" Justice of the Supreme Court of the United States of American (AJSCUSA) is HLS-affiliated. It is a true honor to be also affiliated with this hallowed institutiion, and I feel that, in spite of everything, this is yet additional evidence that our venerable and hallowed school shall be named #1 on the lists of law schools. I think it is quite suspect that none, or, at least very few of the rumored nominees are non-HLS affiliated. That is just a personal observation, and obvioulsy not primae facie evidence of anything, but I feel that it is persuasive of our hallowed school's reputation.
who is this kathleen sullivan you speak about?
oh i remember now - she is the former DEAN of STANFORD law that FAILED her cali bar exam. i believe that she is in the 'premier' shop of quinn emanuel.
yes it is now so clear to me
whats the over/under that obamas pick will owe back -taxes?
Apparently Noah Feldman is quietly lobbying for the position as well.
How powerful would it be if SOUTER pulled a Kilpatrick Stockton in front of the Court on his last day?
There should be a "not Kim Wardlaw" option in your poll.
95 is probably correct with posner. j. posner, however, is the modern day learned hand -top judge that never got to scotus for a host of bs reasons.
95 is probably correct with posner. j. posner, however, is the modern day learned hand -top judge that never got to scotus for a host of bs reasons.
here's an idea - how about choosing the best candidate regardless of skin color or gender?
NEW QUESTION: Did Obama kill Mark Levy by pushing his socialist agenda?
Discuss.
153 - good choice. but why nuff said when you missed the best reason - koz's porn collection
Justice Sears, black woman, very experienced appellate judge, reliable liberal.
-Emory 3L
What is the color of your vagina?
Posner to 190!
Posner to 190!
I'm joining the Williams train discussed above. Bright, liberal, right on all the issues, not a better person on the 7th. The degrees hold her back, but so does Wood's Texas/Texas.
Looks like there's going to be a vacancy on the court. Might I suggest myself? I will have graduated by June and still am unemployed.
I sure could use some change and hope, Mr. President.
Think how inspirational it would be to your base if a 25 year old got the nom: the Democrats would have 90% of the youth vote for a generation.
Give me a job, Mr. President. Give me J. Souter's job.
173: When you reconnect with reality, let us know.
There is a lot of buzz about Judge John A. Mendez in the Eastern District of California.
ELIE: Can you put a color swatch that matches each possible nominee next to their name? I find choosing candidates like a lib is much easier. Thx.
The perfect nominee would have Rehnquist's intellectual bent, John Marshall's pragmatism, Stephen Field's beard, Bill Douglas's spirted combativeness, Hugo Black's integrity, Van Devanter's legendary buttocks, Harlan's (the second) wisdom, and Cardozo's noted gams.
Who fits that bill?
What about Mark Levy?
Or am I missing something?
Sanjay Gupta is clearly the most qualified candidate to replace Souter.
I can think of few others more qualified than myself.
185 is sexist!
People can stop suggesting any "moderate" candidates. Souter represents a reliable left-wing vote, so he's not going to be replaced with anyone who is less reliable. The democrats are nearly fillibuster-proof and will try to push through the most liberal pick they can find. Even though Kagan was recently made solicitor general, she is a very likely candidate. She's already been through the confirmation process and vetted extensively by Obama. If she's not nominated for Souter's seat, she will certainly replace RBG when she retires. Then, God help us all.
If I was Souter, and I am not, but if I was, I would certainly be tired of getting pounded in the ass by Nino.
I have it on good authority that many criminal lawyers in LA called Wardlaw "Tweedle Dum" when she was on the District Court bench. Not exactly SCOTUS material.
I agree that Ellen Cleghorn is underqualified, if hilarious.
Winnie F. Taylor
You should add Justice Joyce Kennard from the Calif. Supreme Court to the list. She's crazy. She'll fit right in.
Zombie Taney!
soto is too obvious a pick, and she is really not very friendly. She's also not that bright. She will not get picked - the most obvious ones never do
Evan Chesler can mop up these other candidates with his hair alone. The man is a stud. I'm straight but get juicy just thinking about him.
Evan Chesler can mop up these other candidates with his hair alone. The man is a stud. I'm straight but get juicy just thinking about him.
Evan Chesler can mop up these other candidates with his hair alone. The man is a stud. I'm straight but get juicy just thinking about him.
183--
I've heard people mention Judge Mendez too, but is the O-man really going to pick a W. appointee?
Evangeline Lilly.
I'm betting SCOTUS allows cameras in the court in the next 5 years. Obama should at least give us someone worth looking at.
It's true. Liberals want to destroy America. Mostly, they're suicidal, but they don't have the balls to go through with it. So they want to destroy the country and secretly hope it will eventually lead to their own demise.
Wait, I know the answer!
This is the REAL reason they killed off Kutner!
He's not taking a job inside the executive! He's been getting groomed for his nomination to SCOTUS!
Kumar to SCOTUS!!!
I get wet as well 198-200. I'm growing a vagina just thinking about Evan Chesler.
I get wet as well 198-200. I'm growing a vagina just thinking about Evan Chesler.
I get wet as well 198-200. I'm growing a vagina just thinking about Evan Chesler.
It should be someone from Cook County Law Division.
How is Professor Richard Primus not a part of the mix? He's brilliant.
How can they ignore Judge Halverson like this? Halverson gots to eat too!
Will this person likely be a tax cheat?
I would grow a vagina if it meant Evan Chesler would pay attention to me.
I would grow a vagina if it meant Evan Chesler would pay attention to me.
I would grow a vagina if it meant Evan Chesler would pay attention to me.
William Jefferson Clinton FTW!
You just know that the SCOTUS will be a hotbed of juicy nubile young clerks instead of dessicated old fossils dedicated to some vague and outdated idea of originalism. It's going to be like the Age of Aquarius all over again on 1 1st Street NE.
That ought to set some of the windbags off bloviating until their faces are red when they smell the grass floating over.
Evan Chesler only likes dudes, bra.
Ass Cravath
Evan Chesler is disqualified because, constitutionally, a grown man who shaves his chest hair and puts hot fudge on his nipples cannot be a Supreme Court Justice.
Evan Chesler is disqualified because, constitutionally, a grown man who shaves his chest hair and puts hot fudge on his nipples cannot be a Supreme Court Justice.
Evan Chesler is disqualified because, constitutionally, a grown man who shaves his chest hair and puts hot fudge on his nipples cannot be a Supreme Court Justice.
Folks, I mean this sincerely when I say that it is now time to hit the panic button on the Mets' season.
Also, I want to point out that the Dealbreaker ad with the hot asian girl eating grapes is back. Nom nom...
I nominate Kristin Chenoweth. Her down to earth sense of humor and realism would make an antidote on the Court to Scalia's anti-intellectual tirades (he only thinks that he is being intellectual) and CJ Robert's Stepford Wife imitation look.
Assuming, arguendo, that Evan Chesler covers his nipples with hot fudge after shaving his chest hair, he is still more man than any of us might ever hope to be. Rock hard abs, firm buttocks, and a jaw that can crack walnuts. Did I mention the hair?
Assuming, arguendo, that Evan Chesler covers his nipples with hot fudge after shaving his chest hair, he is still more man than any of us might ever hope to be. Rock hard abs, firm buttocks, and a jaw that can crack walnuts. Did I mention the hair?
It's amazing how quickly the short list of "obvious candidates" has solidified. Everyone seems to be going off of the Wikipedia entry, which is just a compilation of pundits' speculation. What does one have to do to add a person's name to this list so that every other pundit will begin mentioning it?
I've got one for the list: Anthony D. Romero (age 44), Executive Director of the ACLU. As a young, well-educated civil libertarian with a strong knowledge of the law, he's a perfect choice. And then there's all of the irrelevant stuff that people seem to be looking for--like the fact that he's Hispanic and openly gay.
Assuming, arguendo, that Evan Chesler covers his nipples with hot fudge after shaving his chest hair, he is still more man than any of us might ever hope to be. Rock hard abs, firm buttocks, and a jaw that can crack walnuts. Did I mention the hair?
It's amazing how quickly the short list of "obvious candidates" has solidified. Everyone seems to be going off of the Wikipedia entry, which is just a compilation of pundits' speculation. What does one have to do to add a person's name to this list so that every other pundit will begin mentioning it?
I've got one for the list: Anthony D. Romero (age 44), Executive Director of the ACLU. As a young, well-educated civil libertarian with a strong knowledge of the law, he's a perfect choice. And then there's all of the irrelevant stuff that people seem to be looking for--like the fact that he's Hispanic and openly gay.
It's amazing how quickly the short list of "obvious candidates" has solidified. Everyone seems to be going off of the Wikipedia entry, which is just a compilation of pundits' speculation. What does one have to do to add a person's name to this list so that every other pundit will begin mentioning it?
I've got one for the list: Anthony D. Romero (age 44), Executive Director of the ACLU. As a young, well-educated civil libertarian with a strong knowledge of the law, he's a perfect choice. And then there's all of the irrelevant stuff that people seem to be looking for--like the fact that he's Hispanic and openly gay.
[not sure if this will be a double post, but the button doesn't seem to be working.]
Evan Chesler is not openly Hispanic.
Kimmy Wardlaw: definitely ignorant, not hot like Granholm.
224/226/227=Anthony D. Romero
Anthony D. Romero likes only men, bra.
And, no, he's not gay. Just likes guys.
228:
True, but Evan Chesler is quite open about being the sexiest litigator this side of anywhere. Have you seen his awesomeness?!?!?!?!?!?!?!?!? I dream about blowing him as I brush my tooth in the morning.
-Chesler Groupie
228:
True, but Evan Chesler is quite open about being the sexiest litigator this side of anywhere. Have you seen his awesomeness?!?!?!?!?!?!?!?!? I dream about blowing him as I brush my tooth in the morning.
-Chesler Groupie
228:
True, but Evan Chesler is quite open about being the sexiest litigator this side of anywhere. Have you seen his awesomeness?!?!?!?!?!?!?!?!? I dream about blowing him as I brush my tooth in the morning.
-Chesler Groupie
225,
You really need to do something about your obsession about Evan Chesler. Watch lemonparty or something.
I'd blow Evan Chesler for the opportunity to listen to him speak about the billable hour. I'm horny just thinking about him.
I'd blow Evan Chesler for the opportunity to listen to him speak about the billable hour. I'm horny just thinking about him.
I'd blow Evan Chesler for the opportunity to listen to him speak about the billable hour. I'm horny just thinking about him.
I'd blow Evan Chesler for the opportunity to listen to him speak about the billable hour. I'm horny just thinking about him.
I'd blow Evan Chesler for the opportunity to listen to him speak about the billable hour. I'm horny just thinking about him.
I'd blow Evan Chesler for the opportunity to listen to him speak about the billable hour. I'm horny just thinking about him.
Thank you 236-41. 225 is obviously in the minority on this one. Elie: Please do a survey to confirm that Evan Chesler is bona fide masterbation material.
Thank you 236-41. 225 is obviously in the minority on this one. Elie: Please do a survey to confirm that Evan Chesler is bona fide masterbation material.
Thank you 236-41. 225 is obviously in the minority on this one. Elie: Please do a survey to confirm that Evan Chesler is bona fide masterbation material.
Thank you 236-41. 225 is obviously in the minority on this one. Elie: Please do a survey to confirm that Evan Chesler is bona fide masterbation material.
Thank you 236-41. 225 is obviously in the minority on this one. Elie: Please do a survey to confirm that Evan Chesler is bona fide masterbation material.
Thank you 236-41. 225 is obviously in the minority on this one. Elie: Please do a survey to confirm that Evan Chesler is bona fide masterbation material.
Evan Chesler is a gay Ken doll with about as much brains.
Please, 248, the Ken doll wishes he had the six pack that Chesler sports. And brains? Please. Evan Chesler writes omnibus motions whilst masterbating to videos of himself on cross. The man can multi-task.
Please, 248, the Ken doll wishes he had the six pack that Chesler sports. And brains? Please. Evan Chesler writes omnibus motions whilst masterbating to videos of himself on cross. The man can multi-task.
Stone cold lock to be a woman. Looking at the people he puts around him and his credentials, it will be someone who has the proper pedigree. Not too many like that.
Sullivan or Wood.
Kagan hasn't even argued a case as SG yet and would raise numerous recusal issues. Will happen later, however.
Please, 248, the Ken doll wishes he had the six pack that Chesler sports. And brains? Please. Evan Chesler writes omnibus motions whilst masterbating to videos of himself on cross. The man can multi-task.
Kozinski.
I cannot believe that only one person has mentioned Seth Waxman, Clinton's Solicitor General. He is, by far, the best choice for an Obama administration.
Waxman is very liberal, brilliant, and already highly respected by current Court members as well as the general legal community. This is what Obama needs now - a great legal mind [ smarter than Scalia ] that understands the Court and can corral the justices for his positions. He's also an incredible human being. He would have no problem getting confirmed.
It's not going to be Evan Chesler.
White men are not going to be nominated, period.
And I don't know what is more frightening -- the obsessed lemonparty fan who posts about Evan's abs and the one who mentioned hot fudge on Evan's nipples.
Sunstein. Do it.
254: All correct. But fails on the most important issue: identity politics. There is a 100% probability it will be a woman. The odds of a white male are less than zero.
Obama will surprise us all by selecting Michael McConnell.
Marsha Berzon
Has anyone mentioned Claire Huxtable as a possible candidate? If not, I will: Claire Huxtable.
Best case scenario? Cass Sunstein, and he actually practices what he preaches (judicial minimalism).
I am sick and tired of the Supreme Court magically finding jurisdiction to decide all sorts of cases on broad bases.
We need some good, old-fashioned institutional humility.
Re: "identity politics" and the chances of a "white male" being appointed.
257, then that is a shame. We need to have an EFFECTIVE justice on the Court. Someone considered in the same intellectual league as Scalia, Roberts and Alito. Someone who even they will respect as an equal.
Though I have never been convinced of Scalia's brilliance. You can't be just plain wrong and mentally constipated as often as Scalia is and still lay claim to brilliance.
I am hoping Obama realizes he is not running for anything this year and appoints the best possible candidate. I am hoping he will rise above playing "identity politics" at such a crucial time for the Court. Plenty of time for politics during the next 4 - 8 years. After his female appointments so far I doubt he needs to prove anything at this point. And I am a female Hillary supporter.
All these choices are terrible. Can we get a legal giant like Posner or Epstein or Dworkin or Charles Fried or someone? Besides Sunstein, these are all intellectual lightweights.
I do not think that Judge Wardlaw would be well suited for this position. Candidly, having appeared before here multiple times, I believe that her intellectual limits have already been reached. America deserves a better candidate.
I nominate Jay Bybee of the 9th Circuit, for his creative legal mind, and tortured reasoning....
Definitely Alex Kozinski.
Diane Wood for two stupid reasons: 1) a little easier on the eyes than either Kagen or Sotomayor and 2) she's a Texas/Texas grad.
Odds on Obama appointing Biden just so he cna get him away from the White House and off the 2012 ticket? You have to believe Obama looks at Biden the way the new office manager looked at Dwight Schrute durng the meeting when they were discussing what to do about the Michael Scott paper company.
201,
Even though he is a Bush appointee, he is pretty independent. The only independent Obama is considering.
PROPOSAL: Obama should nominate Corky. We know that the disabled are discriminated against, so the Dems can check one category off their list, but most importantly, liberal reasoning is easily understood by a retard.
Wow, lotta vagina-envy going on in the comments.
Let's talk about your relationships with your mothers...
It'll definitely be either an African-American woman or an open lesbian. The predictability of image management is astounding...
First!
FYI, "empathy" and race are now the primary criteria for selecting SCOTUS justices
Diane Wood's son is a 3L at Indiana - Bloomington. This school just keeps getting better.
I hear Miguel Estrada is very qualified
Souter should be replaced with a robotic dinosaur.
i would like to nominate "guest" to be the next supreme court justice. "guest" seems to know fucking everything
you can't nominate yourself, douche
Stop talking to yourself, guest!
hypocrite!
Fugitive From Justice = Infinitesimal Penis Size
Judge Lynch. The 2d Circuit nomination was a feint. He will smack down Scalia and get belly laughs from the gallery while doing it.
Denny Crane.
There's a reason Justice Sears isn't included in this list- SHE ISN'T QUALIFIED. She has done a good job on the Georgia Supreme Court, but she can't be compared to the people on this list. She wasn't a stand-out student at Emory. She went to a firm for 4 or 5 years before being appointed to traffic court. She has spent the rest of her career in state court and has nothing in the way of federal experience. She did a good job on the Georgia Supreme Court, is popular, knows a lot of people, and will get a good job as a law school dean. However, she just isn't Supreme Court material.
People suggesting that it is any way possible for a right wing or conservative to be appointed has obviously just come out of a coma and missed the recent election.
So if we're just throwing out names which make no sense then I'll throw in Brad Pitt. He can fight and he sure is pretty to look at. No robes and no shirts.
you are right 285, law school performance should be weighted much more than a full career of appellate experience.
8:46- You are talking about the MOST ELITE LAWYERS IN THE COUNTRY. Someone with mediocre law school grades doesn't belong on SCOTUS.
Posner or Easterbrook!!!
McKeown
Thank you 285. I'm here in Georgia and you're right - she isn't qualified. She isn't even the most qualified person on the GEORGIA Supreme Court. Judge Carol Hunstein is.
Prof. Eugene Volokh
No Caleb Nelson?
There may be only 1 woman on the Court, but there's also only 1 justice who didn't go to Harvard or Yale, and 0 who didn't sit on a federal appeals court. I think Obama knows that's almost as problematic as the gender concerns. Lots of incredibly smart and qualified people didn't go to Harvard or Yale (money, geography, not making great choices at age 18 -> hurting their grades?), and lots of them don't have federal appeals appointments. It doesn't say much for our country re charges of elitism if those are our indicia of quality.
Also, the west coast is woefully underrepresented (Kennedy, and Breyer' if you count growing up in San Fran). ...This Court has some serious homogeneity problems.
There may be only 1 woman on the Court, but there's also only 1 justice who didn't go to Harvard or Yale, and 0 who didn't sit on a federal appeals court. I think Obama knows that's almost as problematic as the gender concerns. Lots of incredibly smart and qualified people didn't go to Harvard or Yale (money, geography, not making great choices at age 18 -> hurting their grades?), and lots of them don't have federal appeals appointments. It doesn't say much for our country re charges of elitism if those are our indicia of quality.
Also, the west coast is woefully underrepresented (Kennedy, and Breyer' if you count growing up in San Fran). ...This Court has some serious homogeneity problems.
Eugene Volokh is dumb as they come in the anti-intellectual crowd in GMU. Reverting to an idealized world in 1790 doesn't do much good when we're accelerating fast in the 21st century.
I nominate Judicial Super-hottie Alex Kozinkski for the Supreme Court. It's not going to happen, but we can all dream can't we?
Where is Leah Ward Sears on your list??? I think she is highly qualified and is even mentioned in the article you reference. She would be my choice
FYI...Justice O'Connor was picked while serving on a state court...so I dispute that argument that a state court judge is not appropriate
@ 28: Well, if you look at the make up of the court it appears we've been doing it that way for over 200 years.
299- O'Connor was appointed at a time where there were far fewer qualified female Republican SCOTUS candidates. She turned out to be a very good justice, but I doubt someone with those qualifications would be appointed today. Moreover, she graduated 3rd in her class from Stanford Law School, whereas Sears was a mediocre Emory student.
Since Stalin is dead Fidel Castro is the most likely nominee.
lol @ no leah ward sears on this list.
Is Souter a 70 year old virgin?
Malia Obama. She fits all the relevant criteria: (1) African American; (2) female; (3) presents 'unique experience', which apparently is better than any possible bench experience; and (4) the mag rags f***ing LOVE her. Sasha only if Malia has tax issues...
Judge Wardlaw is the only clear choice here....
Ann Claire Williams is the best choice here. A moderate and solid judge with solid credentials. Highly respected throughout the federal judiciary. She's also worked on committees with some of the Supremes, too. And, she's brilliant, personable, and has a backbone.
I think Anita Hill should be a possibilty, I think about it; Justice Thomas would have a fit of pique and may resign than another seat would open up you never can tell! A twopher!
AN Other
Let's look at the record of all those in the legal profession who have earned their positions as a result of (1.) grabbing the lower rung of a legal career resulting from achieveing law review and/or passing a bar exam in which numerous takers skewed the outcome by substance abusing performance enhancing Ritalan and Adderall, at the same time qualified diagnosed savant persons with autism were shut out of the same discriminatory exams; (2.) a 'pull up the drawbridge' mentality of overt discrimination by those lawyers and judges who made it into the nomination selection club and then have refused for over 20 years to obey the disability accommodations laws to allow people diagnosed with savant high functioning autism to achieve their law licenses and compete in the same Supreme Court Justice selection group. With so much arbitrary, capricious, unfairness, and overt discrimination in the process of awarding pedigrees and the "proper" backgrounds for the candidates who wish to be considered as a next Supreme Court Justice, we just can't be sure is the "best and brightest" people who can meet the essential functions of the job are being included in the pool of candidates -- why shut out the 30 or so prodigious savants in the world who are geniuses, people with autism the leading autism researcher Simon Baron-Cohen says would be great at law because they are systematizers ?
Is there ANY diagnosed person with autism:
1. who is a member of any state bar in the U.S. ?
2. is a statesperson or governor of any state ?
3. is a state or federal court judge anywhere ?
4. on the list presented for our vote here ?
VERY unlikely -- despite the fact autism exists in every 1:150 people in the population, in the above pool of people the Senators, President, and LAT propose, there is NOT ONE person diagnosed with autism. Let's see just where that pervasive discriminatory legal system takes us:
Wonder if it is going to create an international incident when the EU finds out FIAT is trashing the medical care and creditor claims of people with autism (1.) pool caused by environmental toxins auto market participants unleashed against people born in Michigan, and (2.) who have been injured by defect Chrysler cars ? The EU enforces its Charter on Rights of People With Autism, but not Obama's Supreme Court Justice selection committee.
Chrysler's $900 an hr. lawyers who don;t seem to have any CLE in autism rights have not bothered to inform bankruptcy court about claim class of people with autism and refuse to inform court the class is entitled to disability accommodations in the NY bankruptcy court to press their creditor claims -- including creditors who have received accommodations from other U.S. bankruptcy courts.
The tort creditors committee lawyer appointed by UST cut off effective communication access to some tort victims with brain injuries and autism. Apparently, neither UST or the NY victims lawyers have taken a CLE on autism rights, either. UST is allowing the discrimination, and knows the tort committee lawyers do not meet representativeness and typicality required to sustain their appt. under 11 U.S.C. Sec. 1102. They all know some of injured claimants have more than just tort claims, have state law statutory claims, debts that are nondischargeable in Chrysler's BK, and federal discrimination claims.
It is just a big SLAP to people with autism and brain injuries by the so called "civil rights" and "health care" President -- several big SLAPS against autism: make a Special Olympics LFA joke; have DOJ refuse to enforce hearing impairments of autism differently than the deaf; target making certain no Supreme Corut nominee will have autism by using discirminatory exclusion criteria of autism deficits "empathy" quotient; and then eliminate all health care for pool of claimants with autism in Chrysler bankruptcy.
Doesn't President Obama like people with autism, or what ? And I voted for him, contributed to his campaign, and convinced numerous people wiht autism and parents of autism to vote for him !
Of course, the people with autism can always go to the UN and EU and file human rights violations against FIAT under the EU Charter on Rights of People With Autism -- even if Obama allows Chrysler-FIAT-the lawyers to discriminate against autism and trash injured autism victim's medical care payments. And complain the lawyers to their licensing authorities asking for them to take CLEs so they don't cause any more public threat of harm to the welfare and safety of people with autism -- who, after all, have rights to access the courts, too ! Where in our Constitution does it say "all People" get Due Process and Equal Protection "except the people diagnosed with autism," anyway ?
The only way Obama can make this right is to nominate a diagnosed person with savant autism as the next Supreme Court Justice -- 200 years and no Michelangelos have ever been confirmed to serve as Justice on the High Court ! It has been all left-brained Justice all the way ... isn't it time for a real Justice "for whom the system did not work for them" precisely because they "Think in Pictures" not pleadings ?