But is he in the mold of a Scalia in principles and DC Circuit decisions? If not, he is a no go in my book. Since he clerked for OConnor that influences his principles.
Not saying he’d be a force for good — he’s liberal, for sure — just that it would be very hard for the Republicans in the Senate to say he’s not approvable now when they just stamped him approvable two years ago. Which would make nominating him a good tactical choice for Obama. We may be outfoxed on this one, no matter how strong our resolve...
Michael Luttig would be one of the top choices. Janice Rogers Brown, as mentioned earlier, would be another.
Shake them up — nominate Roy Moore and Andrew Napolitano.