SCOTUS Potential

Did Bill Clinton Just Join Team Kagan?
And what team does Elena Kagan play for?

By

Shortly after Justice John Paul Stevens announced his upcoming retirement from the Supreme Court, Solicitor General Elena Kagan emerged as a leading candidate to fill his seat. The phrase “Team Kagan” started popping up all over the place (as we noted in our Twitter feed). Numerous users of Twitter and Facebook, as well as many bloggers and observers of the Court, proudly proclaimed themselves members of “Team Kagan.”

Over the weekend, Team Kagan may have gained another prominent member: former President Bill Clinton. In an interview with ABC’s “This Week,” Clinton said that he and his wife, Secretary of State Hillary Clinton, are simply too old for SCOTUS. “I’d like to see [President Obama] put someone in there, late 40s, early 50s, on the court and someone with a lot of energy for the job,” Clinton said.

Hmm…. Of the three leading candidates for the Court — Elena Kagan, Judge Diane Wood (7th Cir.), and Judge Merrick Garland (D.C. Cir.) — only one, Kagan, fits the “late forties / early fifties” demographic. Kagan is 49, turning 50 later this month (on April 28). Wood is 59 — although she’s in great health, and looks like a million bucks. Garland is 57.

Then ex-president Clinton took another step towards openly endorsing Kagan. He urged Obama to consider someone from outside the judiciary. Again, of the three leading candidates, Kagan is the only non-judge. (Judges Wood and Garland were appointed to their judicial posts — by President Clinton, as a matter of fact — in 1995 and 1997, respectively.)

Going into this weekend, Solicitor General Kagan was already viewed as the frontrunner for JPS’s seat. We’ve said so here at Above the Law (here and here), and she’s also the nominee predicted by our readers (and by Fantasy SCOTUS players, too). Tom Goldstein, over at SCOTUSblog, has flat-out declared that “[o]n October 4, 2010, Elena Kagan will ask her first question as a Supreme Court justice.”

The apparent support of a former president can only increase Kagan’s lead. But what about the issue of her (real or perceived) sexual orientation?

double red triangle arrows Continue reading “Did Bill Clinton Just Join Team Kagan?
And what team does Elena Kagan play for?“

Sign up for the Above the Law newsletter

Subscribe to our free daily email and get breaking news, commentary, and opinions on law firms, lawyers, law schools, lawsuits, judges, and more.

Supreme Speculation: More Potential Stevens Successors
Plus a pair of reader polls.

By

The speculation continues over who will be nominated to replace Justice John Paul Stevens on the U.S. Supreme Court. If you’re looking to follow all the latest news and rumor, in addition to reading the usual suspects, like SCOTUSblog, check out the particularly comprehensive coverage over at The Ninth Justice, a blog of the National Journal devoted to the hunt for the next Supreme Court nominee.

According to Jan Crawford of CBS News (and several other reporters), the White House is currently considering about ten possible nominees. Most of the names being bandied about are familiar, especially the three leading candidates: Judge Merrick Garland, 57, of the D.C. Circuit; Solicitor General Elena Kagan, 49; and Judge Diane Wood, 59, of the Seventh Circuit. Professor Orin Kerr has a very funny post over at the Volokh Conspiracy showing just how “diverse” this trio is.

One notable name is out of the running: Secretary of State Hillary Rodham Clinton. The White House has indicated that it’s very happy with the work Secretary Clinton is doing in her current post, according to The Caucus blog.

And one notable name has been added to the SCOTUS speculation: Judge Sidney R. Thomas, of the Ninth Circuit (and next in line to lead that court, after current Chief Judge Alex Kozinski passes the gavel).

We know Judge Thomas — we clerked on the Ninth, presented cases to him on a screening panel, and hung out with him a bit at last year’s judicial conference — and we could see him as a Supreme Court nominee. He’s very smart and very progressive, but charming and strategic about his liberal politics, which can’t be said for all of his colleagues. In addition, as Jan Crawford notes, “he is a quintessential DC-outsider,” a graduate of the University of Montana law school whose nomination “would further a populist storyline.” So, even though he’s a white male from the Ninth Circuit — which would give Republican senators an opportunity to bash that (in)famously left-wing court — we could certainly see Judge Thomas as a possible nominee.

But a few former Ninth Circuit clerks whom we contacted about SRT (as he’s known on the Ninth) were more skeptical. Said one: “Can’t believe it is serious. Makes no sense. Some former clerk floated him for vanity purposes.”

As it turns out, a former Sid Thomas clerk might be involved in his appearance on the short list….

double red triangle arrows Continue reading “Supreme Speculation: More Potential Stevens Successors
Plus a pair of reader polls.“

Supreme Speculation: Who Will Obama Nominate to Replace John Paul Stevens?

By

Potential Supreme Court nominees?

For weeks, the media laundry machine has been circulating news of Supreme Court Justice John Paul Stevens’s impending retirement. Now that the buzzer has gone off on that, it’s time to switch to the next cycle: speculation as to who President Barack Obama will nominate to replace him.

President Obama has been dragging his feet in his appointment of federal judges. We are relieved to hear that he is going to pick up the pace for announcing his Supreme Court pick. ABC News reports that the White House is prepared — thanks to Stevens’s public pondering — and that the announcement will come “within weeks.” Which isn’t really very helpful at all. Two weeks? Four weeks? Twelve weeks?

BLT reports on Obama’s speech from the Rose Garden today:

“While we cannot replace Justice Stevens’ experience or wisdom, I will seek someone in the coming weeks with similar qualities — an independent mind, a record of excellence and integrity, a fierce dedication to the rule of law, and a keen understanding of how the law affects the daily lives of the American people,” Obama said. “It will also be someone who, like Justice Stevens, knows that in a democracy, powerful interests must not be allowed to drown out the voices of ordinary citizens.”

Please make it fast, Obama. We’re ready to move on to the confirmation hearing cycle!

Let’s speculate until then, though…

double red triangle arrows Continue reading “Supreme Speculation: Who Will Obama Nominate to Replace John Paul Stevens?”

Is the Kagan Nomination a Done Deal?

By

With apologies to John Paul “I’m not dead yet” Stevens, speculation has been rampant about who will replace him, if he decides to retire.

Many of the names that came up after Souter retired are bubbling back to the surface, but U.S. Solicitor General Elena Kagan has to be considered the front runner. Obama hasn’t said anything and Stevens is, you know, still there — but that didn’t stop the Harvard Crimson from handicapping the chances of former Harvard Law School Dean Kagan:

In the face of Justice John Paul Stevens’ impending retirement, the nomination of former Harvard Law School Dean Elena Kagan for the open seat on the Supreme Court has become a likely prospect.

If she is selected as President Barack Obama’s nominee, Kagan—who currently serves as the nation’s first female Solicitor General—will face a number of challenges on the road toward confirmation, including her lack of experience as a judge, her religious background, and her stance on the military.

Man, the “impending retirement” of J.P. Stevens is turning into a a Monty Python skit. But, so long as we’re here, let’s take another look at that religious question. It might be the only thing that could scuttle Kagan’s ascendancy to the high Court…

double red triangle arrows Continue reading “Is the Kagan Nomination a Done Deal?”

CHECK YOU FIRM NAME: Quinn Emanuel Adds Kathleen Sullivan to the Stationery

By

Kathleen Sullivan.jpgAn ATL favorite, Quinn Emanuel, is making a change to its firm name. From the Quinn press release:

John B. Quinn announced today that the firm he and Eric Emanuel founded 25 years ago will change its name, and henceforth be known as Quinn Emanuel Urquhart & Sullivan, LLP. The decision to add Kathleen M. Sullivan as a name partner was made in recognition of her extraordinary contributions to the firm and the profession. Sullivan is a partner in the firm’s New York City office and heads the firm’s national appellate practice.

Congratulations to former Stanford Law School dean Sullivan.
Of course, now that she’s a name partner, we are eagerly awaiting for the ATL community to honor Kathleen Sullivan with her own meme. John Quinn doesn’t use capital letters. Bill Urquhart … really likes capital letters. We can’t wait to see what Sullivan comes up with.
Read the full press release, plus an UPDATE with some observations from Lat, after the jump.

double red triangle arrows Continue reading “CHECK YOU FIRM NAME: Quinn Emanuel Adds Kathleen Sullivan to the Stationery”

Pick Your Poison: A Conservative Ranks SCOTUS Possibilities

By

SCOTUS speculation.jpgConservatives won’t be happy with President Obama’s pick to succeed Justice David Souter on the U.S. Supreme Court. But some nominees are more noxious than others. Of the names surfacing on SCOTUS short-lists, who can conservatives live with — and who would drive them up the wall?
We reached out to Curt Levey, Executive Director of the Committee for Justice, and solicited his thoughts on the Obama shortlisters. More specifically, we asked him to rank the possible nominees from most problematic to least.
Levey kindly obliged. Assuming the nominee will be a woman, an assumption that is almost universally shared, he grouped the most commonly mentioned names into three groups.
In the first tier — consisting of the most problematic nominees, with “judicial activism guaranteed” — Levey listed three: Judge Sonia Sotomayor, of the Second Circuit; Judge Diane Wood, of the Seventh Circuit; and Kathleen Sullivan, former dean of Stanford Law School (and one of the most famous failers of the California bar exam, along with this guy).
For the second tier — containing nominees who are still “very liberal,” but might have some respect for the rule of law, “if only because they haven’t proved otherwise yet” — Levey mentioned three: Solicitor General Elena Kagan; Michigan Governor Jennifer Granholm; and Secretary of Homeland Security Janet Napolitano.
Finally, in the third tier, Levey mentioned two names: Justice Leah Ward Sears, of the Georgia Supreme Court, and Judge Kim McLane Wardlaw, of the Ninth Circuit. He described Justice Sears and Judge Wardlaw as jurists who have at least “shown some respect for the rule of law.”
The bad news for conservatives: the nominee will probably come from Levey’s top two tiers.
Read more, after the jump.

double red triangle arrows Continue reading “Pick Your Poison: A Conservative Ranks SCOTUS Possibilities”

Is the Hofstra Law Dean on the SCOTUS Short List?

By

SCOTUS speculation.jpgIs it possible to be on the short list to fill Justice Souter’s place on the Supreme Court and not even know it? Newsday reports:

Much to her surprise, the dean of Hofstra University Law School woke Sunday morning to find she had just been thrust into the national political conversation as a possible contender for a seat on the United States Supreme Court.
National Public Radio speculated that Dean Nora V. Demleitner, 42, of Port Washington, was among those being considered by President Barack Obama for a job on the nation’s highest court.
“I was very surprised in that NPR mentioned me,” Demleitner said in an interview Monday. “It’s an incredible honor to be mentioned.”

Does anybody know how the rumor got started? Even Long Island court watchers seem surprised:

Brian Griffin, former president of the Criminal Courts Bar Association of Nassau County, said he read about Demleitner’s potential candidacy in the newspaper….
Demleitner said she was baffled about how her name got mentioned.
“Like everybody else, I know a lot of people who have connections, but I could not begin to imagine who would have done it,” Demleitner said of a possible nomination.

If the dean of Hofstra Law School was actually appointed to the Supreme Court, would she hire clerks from Hofstra? If so, would Justice Scalia’s head simply explode?
The possibilities are tantalizing.
Hofstra law dean honored to be mentioned for Supreme Court [Newsday]
Earlier: Supreme Speculation: And Then There Were Six

Supreme Speculation: And Then There Were Six

By

SCOTUS speculation.jpgAs noted in yesterday’s Morning Docket, President Obama has reportedly narrowed his search for a Supreme Court justice to a shortlist of six. From CNN:

Among the finalists are federal appeals court judges Sonia Sotomayor and Diane Wood, and Solicitor General Elena Kagan, Homeland Security Secretary Janet Napolitano and Michigan Gov. Jennifer Granholm, said the sources, who asked not to be identified because they were not authorized to speak by the White House.

Women make up all but one of the top candidates currently being given serious scrutiny, the sources said.

Also on the list, a source said, was California Supreme Court Justice Carlos Moreno. The 60-year-old Los Angeles, California, native was not among the early favorites mentioned by legal analysts and the media. White House press secretary Robert Gibbs previously hinted some of the names under consideration were under the political radar.

Who will get the nod? To be totally honest, it’s pretty impossible to say at this point. Once you get down to a short list of a half-dozen, the choice belongs to the president (as the White House seems to be emphasizing to interest groups). Anything can happen.
President Obama will meet personally with some of the finalists, and his final choice will no doubt be influenced by those meetings. A leading contender can kill his or her chances by coming across poorly in the interview (as former Judge J. Michael Luttig did when he met with President Bush, according to Jan Crawford Greenburg in Supreme Conflict).
But none of this will stop us — or anyone else — from speculating. Speculation is fun! And since we probably won’t have a nominee until after Memorial Day, for the reasons identified by Marc Ambinder of The Atlantic, we might as well pass the time with parlor games.
Additional discussion, plus a pair of polls, after the jump.

double red triangle arrows Continue reading “Supreme Speculation: And Then There Were Six”

Morning Docket 05.14.09

By

SCOTUS speculation.jpg* The Supreme Court short list has been leaked. Surprise: There’s a man on the list! Under consideration are Solicitor General Elena Kagan, Michigan Gov. Jennifer Granholm, Homeland Security Secretary Janet Napolitano, U.S. Appeals Court judges Sonia Sotomayor and Diane Pamela Wood, and California Supreme Court Justice Carlos Moreno. [Associated Press]
* Bill Gates is firing his dad’s firm. Microsoft has dropped K&L Gates from its preferred legal providers list. [Seattle Times via ABA Journal]
* A murdered lawyer in Guatemala left behind a video blaming the president of the country for his assassination. [Wall Street Journal and Associated Press]
* Obama may not comply with the 2nd Circuit’s ordered release of detainee abuse photos. [Washington Post]
* “Michelle Obama: Why I left a ‘big ol’ fancy’ Chicago law firm.” [Chicago Sun-Times]

Morning Docket 05.12.09

By

Marc Dreier small Mark Dreier Marc Drier Marc S Dreier LLP.jpg* Marc Dreier pleaded guilty yesterday. “He has disgraced the honorable profession of law,” said Judge Jed S. Rakoff. [New York Times]
* Dreier’s $400 million swindle obviously supported quite a lavish lifestyle. Check out his 2500+ sq. ft. Southampton beach house to be auctioned off next month. [David R. Maltz & Co.]
* The Legal Intelligencer has launched a series looking at the way the legal industry is changing. First part of the series gives kudos to Eckert Seamans for recognizing that first-year associates are worthless. [Legal Intelligencer]
* Judge lets Rod Blagojevich use his campaign fund for his defense costs and lets him have all the lawyers his little heart desires. [Chicago Tribune]
* The SCOTUS nomination process continues to generate massive speculation. Today, the Washington Post says there’s a strong push for a Hispanic justice. But the article has this insightful tidbit: “The White House is constructing its appointment strategy on the belief that this will not be [Obama's] only appointment to the court and that he need not reach his goal of changing the racial, ethnic and gender balance on the court with just one pick.” [Washington Post]

SCOTUS Forecast: Tom Goldstein Picks the Next Great Liberal Justices

By

Supreme Court7.jpg
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?

Dean Elena Kagan: Not the Next Harvard President — But A Talented Coxswain

By

Elena Kagan 3 Harvard Law School Above the Law Elana Kagan Elena Kagen.jpgOur condolences to Harvard Law School Dean Elena Kagan. Dean Kagan, who was under consideration for the president of Harvard University, was passed over for the job in favor of historian Drew Gilpin Faust (aka “Dr. Faust”).
But maybe it’s for the best. As Harvard president, it can be tough not to make enemies. See, e.g., Larry Summers.
(Unless you want to be kinda boring and ineffectual. See, e.g., Neil Rudenstine.)
And enemies are not what a possible Supreme Court nominee wants. Especially a nominee who, like John Roberts and Samuel Alito, generally plays well with others — even those who hold divergent ideological views.
From a Princeton tipster:

The most recent edition of the Princeton Alumni Weekly has an interesting tidbit about Anne-Marie Slaughter and Elena Kagan (who have creepily similar resumes):

“‘Elena has an extraordinary talent for not making enemies,’ says Anne-Marie Slaughter ’80, dean of the Woodrow Wilson School, who became friendly with Kagan when both were Sachs Scholars at Oxford (Kagan coxed the boat in which Slaughter rowed), and later taught with her at Chicago and Harvard law schools.”

How hot is that??? Perhaps you could create a “fantasy legal academic crew team,” with, e.g., Charles Fried as stroke (naturally — he’s quite the gym bunny) and Bruce A. in bow. Think of the Photoshop head-pasting potential!

We are well aware of Dean Kagan’s hotness (since she was nominated in our law school deans hotties contest). But we had no idea she was also an athlete.
How neat! Dean Kagan, you can yell “Stroke!” at us anytime.
A ‘Rebellious Daughter’ to Lead Harvard [New York Times]