Flashback - Slate: The Supreme Court Shortlist - The views of the likely candidates. (In retrospec)

Slate Magazine ^ | July 1, 2005 | Emily Bazelon & David Newman

[new yorker 77]

Justice Sandra Day O'Connor announced Friday that she is stepping down from the Supreme Court. In anticipation of resignations—Chief Justice William Rehnquist's had been thought most likely—the Bush administration has floated several names for possible nominees. What views have the president's shortlisters expressed, on and off the bench? In order of our best guess as to the likelihood that they'll be chosen, here's a guide to the prospective nominees' records.

1) Michael J. Luttig, 51

2) John Roberts, 50

3) Emilio Garza, 58

4) Michael McConnell, 50

5) Alberto Gonzales, 49

6) J. Harvie Wilkinson III, 60

7) Edith Brown Clement, 57

8) Samuel Alito, 55

[new yorker 77]

Both Roberts and Alito made the short list for Supreme Court Nominees in July 2005.

Conservatives in the know had Roberts on their short list.

Still, it suprised myself at the time that so many were clueless about Roberts.

Even people like Coulter foolishly used the word 'stealth' to describe this guy.

I still can't explain the Miers thing. Maybe after her recomending people like Janice Brown, Pricilla Owen, and William Pryor, President Bush thought he could slide her in there. It was a bad choice to try to avoid a fight.

I wonder if the remaining 6 on that short list will be picked to replace Stevens or Ginsburg should they retire or expire.

[Cowboy Bob]

I wonder if the remaining 6 on that short list will be picked to replace Stevens or Ginsburg should they retire or expire.

Luttig and McConnell will be the next two.

[new yorker 77]

If he picked Luttig, Chucky would soil himself.

[Tarkin]

Luttig and McConnell will be the next two.

If Buzzy retires Dubya will have to nominate a woman, but that's just fine - he can nominate JRB :-).

[Clintonfatigued]

If another vacancy occurs, Bush's choice may be influenced by who retires.

There are other names who would be in the running. They include Karen Williams, Diane Sykes, and (my personal choice) Viet Dihn.

[new yorker 77]

Viet Dihn would be perfect because it would be the worst name for Ted Kennedy to pronounce.

He would slip up and call him Vietnam at least five times during the hearings.

[Cowboy Bob]

If Buzzy retires Dubya will have to nominate a woman, but that's just fine - he can nominate JRB :-).

Why does he have to nominate a woman?

[traderrob6]

Or Edith Clement

[REDWOOD99]

I'd like to see him nominate JR brown just for the pure enjoyment of watching the dems' heads explode.

[RonF]

Here's a curve ball; how about nominating Condeleeza Rice? There's been non-judges put on the Court before, I understand.

[GeorgefromGeorgia]

I like Luttig, but the pressure will be on to nominate a female. Also, if the vacancy is Stevens, Bush might try to appoint Gonzalez. I think Gonzalez will be a problem since conservative don't want him and liberals don't like him as AG and Guantanamo.

[Tarkin]

Because "there has to be" at least one woman on the SCOTUS, just like in the past there "had to be" at least one Jew (the 3rd seat occupied first by Cardozo, then by Frankfurter, Goldberg, Fortas, Blackmun, who was the only non-Jew in this seat, and now by Breyer is even sometimes called "the Jewish seat") and at least one Catholic. Now we have a "black" seat (do you really think GHWB would nominate Clarence Thomas if it wasn't Thurgood Marshall who retired?) and it's rather obvious that there is one place reserved for a woman. Affirmitive action has applied to the SCOTUS appointments for a very long time, I'm afraid.

[Tarkin]

I think Gonzalez will be a problem

Oh he will. Conservatives will oppose him just like they opposed Miers.

[new yorker 77]

Condi is an Executive.

The Supreme Court is for Jurists steeped in understanding of Constitutional Law.

[new yorker 77]

Gonzales is a fine AG.

President Bush needs him where he is and he will not pick Gonzales.

[Cowboy Bob]

I'd like to see him nominate JR brown just for the pure enjoyment of watching the dems' heads explode.

I agree on that. But I'd like to see her nominate because she is the best candidate available (and she might very well be), but not because she is the best woman available.

By restricting the selection to a women, wouldn't Bush be ignoring half the population, and a vast majority of sitting judges? Wouldn't that be sexist?

Certainly we need the best possible jurist on the SC, no matter what the gender, or race.

[KarlInOhio]

Viet Dihn would be perfect because it would be the worst name for Ted Kennedy to pronounce.

He would slip up and call him Vietnam at least five times during the hearings.

Even though I love the idea of a justice who could last for 40 years, it looks like he is a little young. Put him in a district court for 10 years to let him ripen.

[Tarkin]

Here's a curve ball; how about nominating Condeleeza Rice?nThere's been non-judges put on the Court before, I understand.

Of course, Earl Warren for example, and nominating him turned out to be the second-worst decision in Ike's life (appointing William Brennan being arguably the worst). Condi? Geez, do we really another abortion-loving "moderate"?

[REDWOOD99]

Great for entertainment value but hardly the best choice. I think Luttig is the best choice.

[new yorker 77]

Osamadabin ... Osama-Obamadabin ... Vietnam ... dinh ..obamadabinobamasama ... you know .. the black guy who speaks for American blacks even though his father is from Africa.

Has anyone ever asked Obama if he feels unworthy of being a spokesman for blacks in America considering that he is not the descendant of those brutalized in the slave trade?