Camp David [American Spectator: "the biggest names in play are Alito, Luttig and Corrigan"

American Spectator ^ | Saturday, October 29, 2005 @ 11:35:43 PM | Posted By: The Washington Prowler

[Diago]

As long as Miers doesn't return from Camp David with a renomination in hand, and Card doesn't return having been nominated for the Treasury Secretaryship he covets, what's the problem?  If what the White House told us about Miers' role in the Roberts nomination process is accurate, and everything we've heard seems to bear that out, then she did a good job for the President and for conservatives.  There is nothing to suspect they won't give the President strong advice. White House insiders say that while President Bush has not yet had a "Come to Jesus" moment, the past ten days have come pretty close.  He understands that this pick can either put his agenda back on track, or it can put his Presidency back into a sink hole of no return. Right now, the biggest names in play are Alito, Luttig and Corrigan from Michigan. Any three would be more than satisfactory. Posted By: The Washington Prowler

[Diago]

The Corrigan name is huge in Cleveland and Ohio. DeWine has to be pushing Maura Corrigan, who is from a conservative, democratic family in Cleveland. Her cousin used to be the announcer for the Indians.

[SandRat]

The "Come to Jesus" moment, will be for the Rats in the Senate the "Fab 14" conciliator's immediately after the new name is announced.

[indianrightwinger]

DeWine pushing for her?? I am opposed to her! :-)

He is a shame. Why do I care for his preference?

Few days ago, he was attacking conservatives for voicing opposition to Miers.

[Diago]

The top insights from Confirmthem.org concerning Alito (and I'll ping alitofan who has joined us here at FR):


69/NW: Here are the board’s greatest hits on Alito:

35 alitofan Posted on October 28th, 2005 at 10:57 am. About ‘Dems who voted for Alito’.
I clerked for Judge Alito. Have no fears about him. He is brilliant, modest, articulate, and an extremely solid conservative. He is also the consummate judge. He approaches each case on the merits, without preconceived notions, exactly what a judge should do. He’s intellectual, but a real person as well.
About the only negative about him is that he’s a die-hard Phillies fan.
And why isn’t he a feeder judge? Who cares? He hires the best people out there, even if they didn’t go to Harvard or Yale. In fact, one of his clerks went to BYU and then onto the S.Ct. (for C.J. Rehnquist). he had several others who had interviews with SCt justices, and has former clerks at various positions (or former positions) in the administration, including Alex Acosta (US Attorney for Miami), Adam Ciongoli (former counsel to John Ashcroft), Mike Lee (general counsel to the Governor of Utah (ok, I know that’s not the Bush administration, but still pretty conservative)).

36 SpectatorGirl Posted on October 28th, 2005 at 11:01 am. About ‘Dems who voted for Alito’.
If you clerked for him, please tell us. Would he overrule Roe if a relevant case came before him?

42 alitofan Posted on October 28th, 2005 at 11:07 am. About ‘Dems who voted for Alito’.
SpectatorGirl:
To be honest, I never asked him. We tended to focus our discussions on the cases before us (Casey was before my time). Read the Casey dissent. Carefully. I think it tells you something about his mindset.
Keep in mind that he is a lower court judge who was following SCt precedent. But there are hints there.

18 feddie Posted on October 28th, 2005 at 11:56 pm. About ‘“Judge Samuel Alito on Federal Courts and Appellate Advocacy”’.
GrenfellHunt-
Prediction? Yes, I think he will [reverse Roe].

22 SCWatcher Posted on October 28th, 2005 at 11:58 pm. About ‘“Judge Samuel Alito on Federal Courts and Appellate Advocacy”’.

He is also probably to the right of Luttig philosophically. Luttig is alot closer to Roberts in total judicial temperment than is Alito, who is closer to Scalia. Most liberal insiders consider Luttig to be a solid, yet heavily respectful of precedent conservative, like Roberts. While they class Alito as being in the same class as Brown, Garza, Jones, Bork, etc.

115 lance ito
Posted on October 28th, 2005 at 4:44 pm. About ‘Be still, my heart’.

Alito is an interesting choice, I’ve read his opinions in CASEY and FARMER and some things jumped out at me.

First, I think it is significant(and this includes Steve Prost)that Alito DID NOT join the majority in their opinion striking the PBA law. He concurred and simply said that due to the SC STENBERG opinion the law as no good. Not exactly a ringing endorsement.

The majority went out of their way to reaffirm CASEY and ROE, to say that SALERNO syandard does not apply WRT facial challenges and that the compelling interest and not the rational basis test governs. This is BASICALLY the GOVT’S argument in the NH and PBA cases this term. If Alito refused to join the majority it’s safe to assume that he DOES NOT agree with them and DOES AGREE that the Salerno standard IS THE CORRECT one and thta the rational basis test IS CORRECT. If this is true, it bodes well that he would rule correctly in the two abortion cases this term.

As for ROE/CASEY, his CASEY opinion is fairly strong. He clearly supports the rational basis standard and gives wide latitude to legislatures in regulating abortion as long as it meets a rational basis. This is a very low standard to meet and would indicate that he would allow abortion regulation to a much greater degree than O’Connor. He also writes about the role of the father in abortion which is something tha I haven’t seen much. This indicates that he sees the abortion issue as more than just “the women’s right to choose”.

So, would he overrule Roe? The answer is best seen by this passage from his CASEY opinion:

The remaining question is whether Section 3209 is “rationally” or “reasonably” related to this interest. Under the rational relationship test, which developed in equal protection cases, “legislation carries with it a presumption of rationality that can only be overcome by a clear showing of arbitrariness and irrationality.” Hodel v. Indiana, 452 U.S. 314, 331-32, 101 S.Ct. 2376, 2386-87, 69 L.Ed.2d 40 (1981). This test does not permit the invalidation of legislation simply because it is “deemed unwise or unartfully drawn.” U.S. Railroad Retirement Board v. Fritz, 449 U.S. 166, 175, 101 S.Ct. 453, 459, 66 L.Ed.2d 368 (1981). Legislation does not violate this test simply because it produces some adverse effects. Id.; Lindsley v. Natural Carbonic Gas Co., 220 U.S. 61, 78, 31 S.Ct. 337, 340, 55 L.Ed. 369 (1911). As the Court wrote in Dandridge v. Williams, 397 U.S. 471, 485-86, 90 S.Ct. 1153, 1161-62, 25 L.Ed.2d 491 (1970):

“The problems of government are practical ones and may justify, if they do not require, rough accommodations–illogical, it may be, and unscientific.” Metropolis Theatre Co. v. City of Chicago, 228 U.S. 61, 68- 70 [33 S.Ct. 441, 443, 57 L.Ed. 730 (1913) ]….

… [The rational-basis standard] is true to the principle that the Fourteenth Amendment gives the federal courts no power to impose upon the States their views of what constitutes wise economic or social policy.

See also Dallas v. Stanglin, 490 U.S. 19, 25-27, 109 S.Ct. 1591, 1595-96, 104 L.Ed.2d 18 (1989); Cleburne v. Cleburne Living Center, Inc., 473 U.S. 432, 439-40, 105 S.Ct. 3249, 3253-54, 87 L.Ed.2d 313 (1985). Rather, “those challenging the legislative judgment must convince the Court that the legislative facts on which the classification is apparently based could not reasonably be conceived to be true by the governmental decisionmaker.” Vance v. Bradley, 440 U.S. 93, 111, 99 S.Ct. 939, 949, 59 L.Ed.2d 171 (1979). See also Hancock Industries v. Schaeffer, 811 F.2d 225, 238 (3d Cir.1987).

This shows that he is open to wide regulation and would in effect overrule Roe and leave it to wither. He is not as strong on it as say a Garza or a Jones would be, but is MUCH stronger than Roberts was.

34 stealthlawprof Posted on October 29th, 2005 at 12:11 am. About ‘“Judge Samuel Alito on Federal Courts and Appellate Advocacy”’.
GH — Hoping that a law professor can squeeze in as a “real lawyer”, I will take my shot at your question in #14. The argument that you link positing that Alito would overturn Roe is very well crafted. It picks up on a consistent theme in Alito’s opinion that would rely on a rational basis test. It also gives significance to the father’s interest in the fetal life. That father’s interest, in and of itself, almost answers the question whether there is a rational basis to a state law significantly restricting abortion (and thus conflicting with Roe and Casey).
It is always a bit difficult to know how a court of appeals judge would rule if he were on the Supreme Court, not tethered at all in the same way he currently is by the Court’s precedents. Nonetheless, Alito’s statements certainly indicate a general approach to these cases that would be totally inconsistent with Roe and Casey.
Along the same lines, I agree wholeheartedly with Feddie about Chief Justice Roberts. His paean to stare decisis was nice boilerplate. Everybody knows that goes out the window when facing a bad decision, and a self-proclaimed humble umpire has to realize that usurping the state legislatures’ power to address a highly controversial social issue while having no textual rule allowing your intrusion into the debate is a paradigmatically bad decision.

[txrangerette]

He is pushing her because she is from Ohio, and because she is conservative and he would like to get back in the better graces of Ohio conservative Republicans whom he has ticked off, bigtime, in the past. If she is as good as I have heard, I wouldn't oppose her just because DeWine is trying to get on the train before it leaves the station.

[indianrightwinger]

I know. I was only joking about being against her because of DeWine.

I will need to do some more research on her. Only read tidbits so far. On to digging....

[AlitoFan]

You need to be a law school graduate; some judges also take volunteers who are undergrads or current law students, but they're usually referred to as "interns" rather than "clerks", and are less involved in the work of chambers.

Most clerks relatively recent graduates, typically one or two years out of law school. It's not necessary to be a practicing lawyer (i.e., admitted to a bar); many clerks study for and take the bar exam during their clerkships.

[Diago]

DeWine pushing for her?? I am opposed to her! :-)

Don't worry about DeWine. He hs been pummelled over his membership in the Gang of 14. After that all went down, his son finished a disgraceful 4th in a congressional special election. The winner was a formr President of cinci Right to Life. The message was received loud and clear. DeWine is up for reelection this time around.

Maura's father was a doctor, her uncles included a highly respected monsignor (who would have made a great bishop), and an appellate court judge who was active in Lawyers for Life. I believe her cousin, the baseball announcer, served as Master of Ceremonies for a few right to life luncheons: _____________________________________________________

http://www.clevelandrighttolife.org/events/06_00/CRL_lucheon_0623.htm

Cleveland Right to Life's Third Annual "CHOOSE LIFE!" Luncheon

Cleveland Right to Life's Third Annual "CHOOSE LIFE!" Luncheon is set for Friday, June 23, 2000 at the Marriott Hotel (127 Public Square) from 11:30a.m. to 1:30 p.m. This year's keynote speaker will be the President of St. Ignatius High School, Father Robert Welsh. The Master of Ceremonies will be "The Voice of the Cleveland Indians" Jack Corrigan. Honorary Co-Chairmen are Dr. Robert White and Bishop A. James Quinn. Other Honorary Chairs include Dr. Ted Castele, County Prosecutor William D. Mason, Sister Mary Assumpta, and Bud Macfarlane Jr. Proceeds from this event benefit Cleveland Right to Life's innovative, 100% prolife education program - "Choose Life." "Choose Life" has been used to educate over 7,500 students in grades six through eight. With your help, Cleveland Right to Life hopes to educate an additional 10,000 students over the next three years. Tickets to this event are $60 per person. We are also looking for people who can sponsor a table of ten for $600.00.

[COEXERJ145]

Question for all: need a judge's clerk be a lawyer? I understand he/she must have some legal background and is often a lawyer, but must he/she be a lawyer?

It most likely is not required, but they always are, especially on the federal level. The lucky ones who get to clerk for Supreme Court Justices usually get starting salaries in the six figure range when they finish their time at the SC. Just think about it. A little more than a year out of law school and you're making a cool quarter of a million per year.

[indianrightwinger]

Maura D. Corrigan

Maura Corrigan graduated from Mary Grove College with an undergraduate degree in Sociology. She had always been concerned with social reform and change. While in her fieldwork placement at the Recorder’s Court in Detroit, Corrigan decide to pursue a law degree, despite her father’s disapproval and admonishment to not “take a man’s seat.”1 She became the first woman to be elected student bar president at the University of Detroit Law School. Corrigan was also voted to represent her school as a delegate to the Phi Alpha Delta law fraternity. The all male organization was finally forced to change its rules in order to seat her. After graduating from law school, Corrigan became the first woman to hold the position of the Chief Assistant U.S. Attorney in Detroit as well as the first woman to serve as the Chief Judge of the Michigan Court of Appeals.

Maura D. Corrigan views herself as a caretaker both in the judicial system and at home. Family has always been a very important part of her life and career. When she was young, her family would gather together every night and engage in heated discussion and debate around the dinner table. These family dinner table conversations were her father’s way of encouraging his daughters and son to think for themselves. In 1998, family played a major part in Corrigan’s decision to run for a position on the Michigan Supreme Court. Her husband, Joseph Grano, had been recently diagnosed with Parkinson’s disease when Corrigan was presented with the opportunity to take a seat on the bench. She saw it as both a chance to serve the people of Michigan and to gain better control of her working hours so that she could care for her ailing husband and spend more time with her family. Corrigan won the election and was later chosen Chief Justice in 2002. True to her role as caretaker, one of Corrigan’s most important contributions as Chief Justice was the use of her administrative talents to help the Michigan child support enforcement system comply with federal regulations.

1 Interview: Maura D. Corrigan, 2002.

[Diago]

Any predictions?

[AlitoFan]

One clarification -- I was speaking here mostly of federal court clerks, who usually serve for only one or two years.

Many state court judges (and a few federal judges) employ "career clerks", who may serve for many years and are usually lawyers with somewhat more experience.

[indianrightwinger]

Very good link about Maura Corrigan http://www.petoskeynews.com/articles/2005/07/06/news/local_regional/news01.txt

[indianrightwinger]

Oooops....

http://www.petoskeynews.com/articles/2005/07/06/news/local_regional/news01.txt

[Zack Nguyen]

Why not Janice Rogers Brown? Is she not interested or is the White House afraid?

[Soul Seeker]

The men are staying consistent with Luttig and Alito.

The names of the women candidates keep changing.

I'd lean more towards the men because of their consistency of being in the narrowed selection.

Of the two I would be happy with either, probably slightly more towards Alito.

If a woman, many solid choices. I'd rather not, though, unless we're going for the Gold with Jones or Brown.

[faithincowboys]

For many, many reasons Corrigan shouldn't be in play. Mike DeWine's endorsement means very little to me.

[Diago]

Of the two I would be happy with either, probably slightly more towards Alito.

If a woman, many solid choices. I'd rather not, though, unless we're going for the Gold with Jones or Brown.

My guess has always been that it would be a conservative woman from a the state of a GOP gang of 14 member - the nominee being someone who has already been confirmed to the appellate court.

I still think it will be Karen Williams because Graham has the best chance of rallying enough moderates around a candidate from his own state.

But Maura is interesting because she is highly ethical and would play extrodinarily well in both Ohio and Michigan. DeWine, who is in some trouble in Ohio, would be Bush's slave for life (might make an intersting sitcom).