David Souter: Sayonara

[King of New York]

CNN reports that David Souter is retiring. Barack Obama won't have to wait long to get a crack at making an appointment to the SCOTUS.

[path12]

I know it sounds odd, but I watched almost all his confirmation hearings and have thought of him ever since as a pretty good guy.

It was clear in that Supreme Court book that came out last year though that he was pretty tired of the whole thing. Now he can go back to being a hermit in Vermont or where ever it was.

[DaddyTorgo]

NH

[larrymcg421]

Souter wanted to retire after Bush v. Gore, but he was talked out of it.

[JPhillips]

Well at least there won't be a nasty confirmation battle seeing as howthe Republicans are such fans of up or down votes.

[Mizzou B-ball fan]

I saw an interesting comment somewhere on one of the political blogs where they noted that the fact that Specter switched to being a Democrat will now make it much tougher to break a Republican filibuster in the committee hearings. I didn't realize this, but the only way to break a filibuster in committee is to get one person on the minority side of the aisle to agree to break the filibuster. Specter was by far the most likely candidate to make that type of move. With Specter now on the other side of the aisle, it's much easier for them to hold ranks against a candidate that they oppose without it ever getting to the congressional floor.

[JPhillips]

I don't have time to look it up right now, but I'm relatively sure that information isn't correct.

[Mizzou B-ball fan]

I don't have time to look it up right now, but I'm relatively sure that information isn't correct.

I found the details. Interestingly enough, this was actually posted before any knowledge of the Souter resignation.

Congress Matters :: (http://www.congressmatters.com/storyonly/2009/4/28/12534/2073)

Specter switching? One problem.
by David Waldman
Tue Apr 28, 2009 at 09:18:34 AM PDT

Arlen Specter (R-PA) is rumored to be ready to become Arlen Specter (D-PA). There are a million aspects of that worth examining. But here's one for process nuts. Check out the Senate Judiciary Committee Rules:

IV. BRINGING A MATTER TO A VOTE

The Chairman shall entertain a non-debatable motion to bring a matter before the Committee to a vote. If there is objection to bring the matter to a vote without further debate, a roll call vote of the Committee shall be taken, and debate shall be terminated if the motion to bring the matter to a vote without further debate passes with ten votes in the affirmative, one of which must be cast by the minority.

Your current lineup of Republicans on the Senate Judiciary Committee:

Arlen Specter
Orrin Hatch
Chuck Grassley
Jon Kyl
Jeff Sessions
Lindsey Graham
John Cornyn
Tom Coburn

Which of these fellas do you think will be ready to provide the necessary one vote from the minority to bring things to a vote in the committee on tough questions now?

Of course, Specter's switch also means the committee's ratio of Democrats to Republicans will be out of whack with the organizing resolution, and a new one will have to be adopted. Republicans will have no incentive to stand in the way of such a resolution, of course, since they'll be able to chuck Specter off of their roster on this and his other committees and replace him. But Democrats will need to account for assigning Specter, too. And if he wants to stay on Judiciary as a Dem, one of the current Dems will have to go. Pick 'em:

Pat Leahy
Herb Kohl
Dianne Feinstein
Russ Feingold
Chuck Schumer
Dick Durbin
Ben Cardin
Sheldon Whitehouse
Ron Wyden
Amy Klobuchar
Ed Kaufman

I'm guessing Kaufman, being the most junior. But who knows what other moving parts there are here?

Meanwhile, let me just suggest that it would be funny for a Democrat to block the new organizing resolution. It would absolutely destroy all sense of collegiality that may still exist in the Senate, but that collegiality may already be out the window with this switch. It'd certainly be good for a laugh, considering that the Republicans were considering blocking the organizing resolutions earlier this year. Let 'em sweat, and let Specter continue to occupy a Republican slot on the committee, while caucusing with Dems.

[larrymcg421]

I think Graham and/or Hatch (who was an early supporter of Ginsburg) would cast the necessary vote. Of course, if the GOP won't even allow a committee vote, they'll have alot of explaining to do. What will the reason be? Are they going to demagogue about abortion and gay marriage? They'll just keep going down the scary path of social conservatism? If os, how many seats will they have left after the 2010 midterms?

[Mizzou B-ball fan]

I think Graham and/or Hatch (who was an early supporter of Ginsburg) would cast the necessary vote. Of course, if the GOP won't even allow a committee vote, they'll have alot of explaining to do. What will the reason be? Are they going to demagogue about abortion and gay marriage? They'll just keep going down the scary path of social conservatism? If os, how many seats will they have left after the 2010 midterms?

Sure. I'm not arguing that it's the right move to block the nomination. Heck, we haven't even seen the nominee. I'm just noting that the Democrats would have had it much easier with Specter on the other side of the aisle.

[larrymcg421]

It's super early, but this is an early guess at a potential Obama pick: Leah Ward Sears - Wikipedia, the free encyclopedia (http://en.wikipedia.org/wiki/Leah_Ward_Sears)

[Draft Dodger]

NH

Weare NH at that. A town so small that my wife's parents once received a letter with the address of "the grey house with the chicken coop"

[JonInMiddleGA]

It's super early, but this is an early guess at a potential Obama pick: Leah Ward Sears - Wikipedia, the free encyclopedia (http://en.wikipedia.org/wiki/Leah_Ward_Sears)

I saw that mentioned in the AJC this morning, and after my eyes stopped rolling I saw what I would consider a possible sleeper pick in their article listing other possibilities (http://www.ajc.com/news/content/news/stories/2009/05/01/supreme_court_sears_patrick.html?cxntlid=homepage_tab_newstab) : Yale Law Pres. Harold Hongju Koh

[DaddyTorgo]

In the words of Chairman Kaga...

LET THE BATTLE BEGIN!!!

CNN Political Ticker: All politics, all the time Blog Archive - List of possible replacements for Justice David Souter « - Blogs from CNN.com (http://politicalticker.blogs.cnn.com/2009/05/01/list-of-possible-replacements-for-justice-david-souter/)



WASHINGTON (CNN) — Massachusetts Gov. Deval Patrick, Judge Diane Wood, Judge Jose Cabranes — the list of possible nominees to replace Supreme Court Justice David Souter is growing by the hour. CNN Supreme Court Producer Bill Mears called on his extensive sources from the Court, legal community and political world to help compile a list of potential names that President Obama might be considering.

* Judge Sonia Sotomayor, 2nd Circuit U.S. Court of Appeals
Born 1954. Has been on the appeals bench since 1998, named a district court judge by Bush in 1992, so would have some bipartisan support. Moderate-liberal views and Hispanic heritage considered big pluses. She is near the top of many people's list.
* Elena Kagan, Solicitor General
Born 1960. Served in Clinton White House in various legal and domestic policy positions from 1995-99. Former clerk for Justice Marshall. Has no judicial experience, and may be considered too young for the Court. Nominated for an appeals court seat in 1999, but Republicans held it up without holding hearings. A former dean of Harvard Law, where she named several conservatives to the faculty, earning her favorable respect.
* Judge Diane Wood, 7th Circuit U.S. Court of Appeals
Born 1950. She has sat on the bench since 1995. Considered moderate-liberal, well-regarded by many. Former clerk for Justice Blackmun, and served in both President Reagan and President Clinton Justice Departments. Possible consensus pick.
* Gov. Deval Patrick, Massachusetts
Born 1956. Elected governor in 2006. Boston native who went to Harvard, and later worked for the NAACP. Former assistant U.S. attorney general for civil rights under President Clinton. Legal sources say he might not want the job or even be considered until his term ends in early 2111.
* Judge Merrick Garland, DC Circuit U.S. Court of Appeals
Born 1952. Possible compromise choice. Considered a moderate. Served as former associate deputy attorney general and headed a probe of Oklahoma City bombing. His age is considered a political plus. Being a white male could hurt his chances if the president seeks diversity.
* Judge Ann Claire Williams, 7th Circuit U.S. Court of Appeals
Born 1949. Another possible consensus pick. Nominated, at the age of 35, to the U.S. District Court in 1985 by President Reagan, and then elevated to her current job by President Clinton. She is a labeled by many as a moderate who would be the first African-American woman on the Supreme Court. A former inner-city teacher in Detroit, she became the third African-American woman appeals court judge.
* Judge Marjorie Rendell, 3rd Circuit U.S. Court of Appeals
Born 1947. Wife of Pennsylvania Gov. Ed Rendell. Named by Clinton to district court seat in 1993, and then elevated to the appeals court in 1997. She has been an advocate for more women in the legal profession. Her husband's strong support for Hillary Clinton's 2008 presidential bid may hurt the judge's high court chances on purely political grounds.
* Judge Jose Cabranes, 2nd Circuit U.S. Court of Appeals
Born 1940. A moderate liked by both Republicans and Democrats. He was considered for the Court by both President H.W. Bush and President Clinton. Being a Hispanic might elevate his stock if President Obama is looking to add diversity to the court. Vocal critic of federal sentencing guidelines.
* Gov. Jennifer Granholm, Michigan
Born 1959. Popular gubernatorial leader and former state attorney general. Born in Vancouver, Canada, which could raise some political (but not constitutional) concerns. She also attended Harvard Law School.
* Judge Adalberto Jose Jordan, U.S. Southern District of Florida, Miami
Born 1961 in Havana, Cuba. Named to the post in 1999. Legal sources say Obama may first elevate him to the 11th Circuit U.S. Court of Appeals to give him more experience as an appellate judge.
* Harold Hongju Koh, State Dept. Legal Adviser (nominee)
Born 1954. Korean-American heritage may be a plus for President Obama seeking to put first Asian-American on the bench. A Yale law school professor and dean, pending his new government appointment. Worked as a human rights lawyer in Clinton State Department. Former clerk for Justice Blackmun.
* Judge M. Margaret McKeown, 9th Circuit U.S. Court of Appeals
Born 1951. Has been on the bench since 1998. The idea of a judge from the liberal Ninth Circuit might not sit well with Senate Republicans. But her western roots (a Wyoming native), somewhat moderate views, and age all considered political pluses. Also served as White House fellow during President Reagan.
* Judge Diana Gribbon Motz, 4th Circuit U.S. Court of Appeals
Born 1943. Dissented in July 2003 appeal involving accused terrorist and enemy combatant Yaser Hamdi appeal. She wrote, "Courts have no higher duty than protection of the individual freedoms guaranteed by our Constitution. This is especially true in time of war, when our carefully crafted system of checks and balances must accommodate the vital needs of national security while guarding the liberties the Constitution promises all citizens." Hamdi later won his Supreme Court appeal. Age might be a factor.
* Judge Johnnie Rawlinson, 9th Circuit U.S. Court of Appeals
Born 1952. African-American jurist has spent her entire legal career in Nevada. She is a well-liked, well-respected member of the largest federal appeals court, to which she was named in 2000.
* Ken Salazar, Interior Secretary
Born 1955. Former U.S. senator from Colorado. The state's attorney general for six years before his 2004 election to the Senate. He would receive favorable treatment from his onetime Senate colleagues, and his Hispanic heritage would boost his nomination.
* Chief Justice Leah Ward Sears, Georgia Supreme Court
Born 1955. Leaving the bench June 30, 2009. On the high court since 1992. This jurist, who is African-American, has many noteworthy "firsts" on her resume. A recognized expert on family law. She is the daughter of U.S. Army colonel. Fun fact: Like Clarence Thomas, Sears grew up in the Savannah area (but was born on an Army base in Germany).
* Kathleen Sullivan, Stanford Law School professor (and former dean)
Born 1955. Her work on behalf of abortion rights, privacy issues may be criticized by conservatives. Also partner at a New York-based law firm. She was considered for the Solicitor General post that went to Kagan, but both women have very similar credentials.
* Cass Sunstein, Obama White House official, fmr. Obama campaign adviser
Born 1954. Will head the White House Office of Information and Regulatory Affairs for President Obama. An old friend and colleague of the president, who was a principal adviser during the campaign. Considered a liberal, but supported the John Roberts nomination for chief justice. A prolific writer, criticized by conservatives for his 2005 book "Radicals in Robes: Why Extreme Right-Wing Courts Are Wrong for America." Fun fact: married in 2008 to Samantha Power, native of Ireland, and Harvard professor, whom he met when both were Obama campaign advisers. He left his 27-year job at University of Chicago (where he taught with Obama) to be near her in Boston. Also showed up in 1998 on CNN's "Burden of Proof" with his beloved dog.
* Judge David Tatel, DC Circuit U.S. Court of Appeals
Born 1942. Blind due to degenerative eye disease when he was young man, but has never made much of it. If nominated and confirmed, he would become the first openly disabled justice. A former civil rights attorney. Age considered a real political factor, but a well-regarded intellectual, with strong progressive credentials.
* Judge Kim Wardlaw, 9th Circuit U.S. Court of Appeals
Born 1954. Her Hispanic-Anglo background and telegenic popularity on the bench have helped raise her profile. Has close ties to the Clintons, which could be seen as hurting her chances on purely political grounds. She sided with homeless people who were arrested at night by Los Angeles police. Fun fact: Her chambers are filled with turtle figures, a reminder to slow down in life and law.
* Seth Waxman, former Solicitor General under President Clinton; DC private attorney
Born 1952. All current and former solicitors general are on most short lists.

[DaddyTorgo]

Too bad the blind guy is old...he sounds great!

[yacovfb]

* Gov. Deval Patrick, Massachusetts
Born 1956. Elected governor in 2006. Boston native who went to Harvard, and later worked for the NAACP. Former assistant U.S. attorney general for civil rights under President Clinton. Legal sources say he might not want the job or even be considered until his term ends in early 2111.

Wow, that's quite the term there...:D

[DaddyTorgo]

hahah - nice typo!

[kcchief19]

If Obama appoints a sharp candidate that meets some useful political criteria -- woman, hispanic, etc. -- it will be political suicide for the some Republicans to block the nomination.

Sotomayor's name seems to be at the top of everyone's list, which suggests to me it probably won't be her. I think the liberal base may view her as too centrist, but that won't stop the conservative base from dismissing her as a left-wing judicial activist.

The only prediction that I back 100% -- The Daily Show will be able to do an entire half-hour special on Republicans who said during Roberts/Alito that the Senate should give nominees an up-or-down vote but now say the fillibuster is a valid defense and vice versa with Democrats who supported a fillibuster but now want an up-or-down vote.

[Glengoyne]

I know it sounds odd, but I watched almost all his confirmation hearings and have thought of him ever since as a pretty good guy.
....

This is how I felt too. I genuinely liked the guy. So much so, that I gave Bush Sr. credit for nominating such a moderate. I was quite a bit surprised when he went well to the liberal side of the court...I expected him to be more like Kennedy or O'Connor. This guy is hated in conservative circles for betraying the cause, but he is genuinely nice.

Moreso than any other justice, I'd like him to write a book about his time on the court.

[DaddyTorgo]

The only prediction that I back 100% -- The Daily Show will be able to do an entire half-hour special on Republicans who said during Roberts/Alito that the Senate should give nominees an up-or-down vote but now say the fillibuster is a valid defense and vice versa with Democrats who supported a fillibuster but now want an up-or-down vote.

i eagerly look forward to this

[flere-imsaho]

Well at least there won't be a nasty confirmation battle seeing as howthe Republicans are such fans of up or down votes.

:D

The only prediction that I back 100% -- The Daily Show will be able to do an entire half-hour special on Republicans who said during Roberts/Alito that the Senate should give nominees an up-or-down vote but now say the fillibuster is a valid defense and vice versa with Democrats who supported a fillibuster but now want an up-or-down vote.

They've probably already filmed this episode, so they can take a day off, it's so predictable.

[JohnnyBGood]

Deval Patrick would be an awful pick. He has been a horrible governor in Massachusetts.

[molson]

The only prediction that I back 100% -- The Daily Show will be able to do an entire half-hour special on Republicans who said during Roberts/Alito that the Senate should give nominees an up-or-down vote but now say the fillibuster is a valid defense and vice versa with Democrats who supported a fillibuster but now want an up-or-down vote.

I think that prediction is half right.