More Fifth Circuit Scuttlebutt: R. Ted Cruz
In our detailed review of possible nominees for the two open Fifth Circuit seats in Texas, we mentioned Texas's Solicitor General, R. Ted Cruz, as a possible nominee.
After we dropped his name, a number of you wrote in to share your thoughts about him (as frequently happens after we mention someone in these pages). Here are some of your comments:
"Ted Cruz is brilliant -- and he knows it. In this respect, he's like his former boss, ex-Fourth Circuit Judge J. Michael Luttig. And in both cases, the arrogance is actually warranted.""Ted Cruz is a smartest of all the people whose names you floated (probably even including Greg Coleman, but that's a close call). Cruz is a former Luttig and Rehnquist clerk, and not surprisingly, he's very well-connected politically. Prior to taking the Texas SG job, he served in the Bush Administration. If nominated, he could face some opposition. He's very conservative -- but when it counts, it's mostly in a cute libertarian/old Federalist Society sort of way. And he's very, very political -- he may not be an easy sell in a
52-4851-49 Senate itching to do some damage.""Before Ted Cruz was one of America's top young conservative lawyers, he was a force to be reckoned with on the college parliamentary debate circuit. Debaters would pratically pee in their pants upon learning they'd be going up against him!"
In sum, Ted Cruz is a brilliant, conservative, high-powered Latino lawyer. So why did we call him only an outside possibility for the 5th Circuit?
Is it because he might engender Democratic opposition? Actually, no. Considering that President Bush just resubmitted four controversial circuit court nominees, it's clear he's still ready to rumble with the Dems. The White House would probably be fine with nominating Cruz if he wanted a Fifth Circuit seat.
And therein lies the rub. These days we're hearing that Cruz actually does NOT want to get appointed to that court. At an earlier point in his legal career, a Fifth Circuit seat might have been his dream job (en route to a seat on the Supreme Court). But the latest rumor is that Ted Cruz has grown more interested in elective office lately.
So expect him to run for some prominent elected position in the not-too-distant future. Texas Attorney General? Governor of the Lone Star State? A position representing Texas in the U.S. House or Senate? The sky is the limit for someone as talented as Ted Cruz.
R. Ted Cruz bio [Trolp.org]
Ted Cruz [Wikipedia]
Earlier: Some Fifth Circuit Scuttlebutt
(4) Comments
One quibble - the Senate is split 51 - 49 (actually, 49 - 49 with 2 independents who caucus with the Democrats), not 52 -48. One vote could make a difference, so let's get it right.
Did you corner Mr. Cruz at the FedSoc convention and ask him? I think I saw him there, but I could easily be mistaken
I saw Cruz at the Thursday dinner. If Cruz gets a Fifth Circuit judgeship, Kozinski should be quaking that he won't be the #1 Superhottie of the Judiciary any more.
When I asked my readers they mentioned two things that might give Dems pause: His role in Bush's 2000 Florida post-election lawyering (I don't know all the details, but Dems would by the time he's confirmed) and, during the last election cycle, going to court as Solicitor General to prosecute Democrats for helping disabled and elderly voters with mail ballots. On the latter, a commenter said:
"The 5th Circuit criticized Texas' "overly broad criminalization of conduct intended to assist disabled voters and its resulting disqualification of disabled voters," but said the harm was speculative until after the election. A very political ruling - they agreed with the Dems, but wait till the damage is done before enforcing the Constitution. Shocking, huh?"
May or may not be enough to cause problems with confirmation, but I'm sure he'd be asked about those things going through the process. They'd matter more to the D Senate Judiciary Committee members than they would to voters, I'm sure, if he ran for office.