On short list for high court? J. Harvie Wilkinson III is seen as possible pick if openings occur

Richmond Times Dispatch ^ | Nov 21, 2004 | TOM CAMPBELL

[Ed Current]

Judge J. Harvie Wilkinson III of the federal appeals court in Richmond has much in common with the late U.S. Supreme Court Justice Lewis F. Powell Jr.

For one thing, Richmond.

Both were raised here, in different generations. The older Powell was a close friend of Wilkinson's banker father and was a family friend as Wilkinson grew up.

[flashbunny]

He's 60. I'd rather bush's appoints be no older than the low 50's. Unless he's appointing Walter E Williams.

[Paleo Conservative]

So why would W pick someone similar to Powell?

[bushisdamanin04]

Powell voted FOR Roe v. Wade, giving us abortion-on-demand.

[Paleo Conservative]

Unless he's appointing Walter E Williams.

Walter Williams is an economist not a lawyer.

[NeoCaveman]

He's 60. I'd rather bush's appoints be no older than the low 50's. Unless he's appointing Walter E Williams.

A nonlawyer Supreme Court Justice? I like it, but it would never happen.

[HP8753]

Ken Starr !! , That would rile up the Leftys again.

[NeoCaveman]

Ken Starr !! , That would rile up the Leftys again.

Imagine how better the world would be if Starr had been nominated instead of Souter.

[bushisdamanin04]

Powell also voted for Doe v. Bolton, which is the basis for permitting partial-birth abortions to continue.

[bushisdamanin04]

I hope that Bush II has learned a lesson from Bush I as regards Souter.

[Ed Current]

So that everyone could vote for him and announce that OBSTRUCTIONISM was over. Most in the Senate want a moderate that they can vote for.

Bush may nominate someone like Scalia, but the GOP has too many defectors to approve.

May have to wait till 2006 and beyond.

Some of the significant opinions Judge J. Harvie Wilkinson III has been involved with:

1. He wrote the majority opinion in a case that upheld President Clinton's "don't ask, don't tell" policy for gay people in the military. The prevailing judges said the courts have no power to overrule a president's military policies. "To do so would only overturn the efforts of the elected branches of government to resolve a significant question of national military policy," Wilkinson wrote in the 1996 opinion.
2. He dissented on a panel of three judges that in 1986 upheld an emotional distress award for the Rev. Jerry Falwell over a parody ad that ran in Hustler magazine. Wilkinson said that while the ad was repugnant, "nothing is more thoroughly democratic than to have the high and mighty lampooned and spoofed." The U.S. Supreme Court later overturned the emotional distress award.
3. Voting last year, on the losing side, that the full court should rehear the case that said the traditional supper prayer at Virginia Military Institute violated separation of church and state principles, Wilkinson called the prayer "the most benign form of religious observance. . . . I doubt that the cadets who are deemed ready to vote, to fight for our country, and to die for our freedoms, are so impressionable that they will be coerced by a brief, nonsectarian supper prayer."
4. He wrote the opinion that upheld a federal law that prohibits prison officials from denying inmates the ability to exercise their religious practices unless they can show a compelling reason. The lower court judge said the law impermissibly grants religious inmates benefits not extended to the nonreligious. "There is no requirement that legislative protections for fundamental rights march in lockstep," Wilkinson wrote. "Congress has not sponsored religion or become actively involved in religious activity. . . . Congress has simply lifted government burdens on religious exercise." The 2003 case involved a prisoner who said his religion required kosher food.
5. He dissented on a panel of three judges that upheld in 1985 the constitutionality of a city of Richmond plan to give minority-owned business at least 30 percent of city construction contracts. Wilkinson said the city had no authority under state law to broadly guarantee project work for minority firms. He said there was no specific showing of prior discrimination by the city that the plan was supposed to remediate. That view was ultimately affirmed by the Supreme Court.
6. He joined with two other judges on a panel in writing the opinion in the 2002 decision regarding Yaser Esam Hamdi, an American citizen detained without charges or legal representation by federal authorities allegedly because he was fighting with the Taliban. The opinion asserted the authority of courts to review the status of a citizen held as an enemy combatant but found that judges should show great deference to the executive branch on matters of national security. The Supreme Court later said the panel was too deferential to the executive and ruled that a combatant must be allowed access to the courts to contest his detention.

 

 

[flashbunny]

And yet he respects the constitution more than the majority of justices already on the supreme court.

And is there even any requirement in the law that says a justice must be a laywer to be appointed????

[Cicero]

A nonlawyer Supreme Court Justice? I like it, but it would never happen.

Earl Warren, perhaps the most influential and destructive chief justice of the twentieth century, was not a lawyer. And, regretably, he was appointed by a Republican, Dwight D. Eisenhower.

[NeoCaveman]

I hope that Bush II has learned a lesson from Bush I as regards Souter.

Me too.

Ironic that Senior who was basically a liberal Republican for most of his life, went 1 for 2, or 50% on Supreme Court nominations. While Ronald Reagan went 1 for 3 or 33%, mainly because of the "Borking"

[flashbunny]

I know it would never happen - he has this bizarre vision that the federal government should be restricted to powers only authorized the the constitution. He's some kind of limited government nutjob ;)

[NeoCaveman]

Earl Warren, perhaps the most influential and destructive chief justice of the twentieth century, was not a lawyer. And, regretably, he was appointed by a Republican, Dwight D. Eisenhower.

I know. I still stand by my statement that a non-lawyer would never get on the Supreme Court in today's environment.

[Ed Current]

And is there even any requirement in the law that says a justice must be a laywer to be appointed????

NO!

[NeoCaveman]

I know it would never happen - he has this bizarre vision that the federal government should be restricted to powers only authorized the the constitution. He's some kind of limited government nutjob ;)

Don't tell anybody but I do too! I must be a nutjob also.

[jocon307]

"And is there even any requirement in the law that says a justice must be a laywer to be appointed????"

I don't think that there is, but I would have to say I think it's a good idea. Maybe not even a practising lawyer, but someone who has studied law.

How about (Richard?)Posner? You never hear his name mentioned and he's pretty brilliant.

[bushisdamanin04]

Yep. I say change the Senate rules to do away with filibusters as soon as the new Senate is sworn in, have the conservatives retire, and appoint the most conservative 35 year olds imaginable.