America's Next Top Justice?
The subject of likely future nominees to the U.S. Supreme Court has been written about extensively before. Last year, over at SCOTUSblog, Tom Goldstein came up with short lists of Democratic nominees and Republican nominees.
Now that we're a little closer to the election, with a presumptive Republican nominee and two possible Democratic nominees, additional speculation is in order. It's what Kim Eisler provides in the latest issue of Washingtonian. He writes:
The most intriguing McCain preference, given his Vietnam War background, would be Viet Dinh, a Harvard Law–educated former Justice Department official who was a key figure behind the USA Patriot Act. Dinh fled Vietnam for the United States in 1978, and his story of escape and survival—12 days in a boat with no food or water—almost rivals McCain’s in drama and courage. Sources say McCain is drawn to the escape narrative as much as to Dinh’s conservative ideology. Solicitor General Paul Clement would also be at the top of any short list.
And what about for the Democrats?
For a new Democratic president, former solicitor general Seth Waxman is considered the next justice in waiting. He is a busy partner at Washington’s WilmerHale. But a President Barack Obama might appoint Massachusetts governor Deval Patrick to the high court.To replace Ruth Bader Ginsburg, the almost-certain top choice for a Democrat would be 47-year-old Harvard Law School dean Elena Kagan, a former lawyer at Williams & Connolly, who once clerked for Obama legal hero Thurgood Marshall.
These are just excerpts; read the complete piece over here. Feel free to provide your own predictions and preferences, in the comments.
Election May Cause Big Shift in Court Decisions [Washingtonian]
(59) Comments
Not a chance in hell that raving lunatic Dinh would be nominated or confirmed.
Nor, for that matter, of a McCain victory in November.
81% of the country thinks that we're on the wrong track. John McSame pledging 100 more years of George & Dick's Awesome Baghdad Adventure & more of Dubya's excellent economic policies is not going to be a winning combination.
yeah, i like viet dinh and mccain could certainly do worse, but he wont be nominated for scotus or ctadc. too many extracurricular activities.
I have some problems with two of the Texas Republicans listed:
David Medina was involved in a scandal earlier this year: he was accused of burning down his house prior to impending foreclosure. Also, he went to South Texas College of Lawlz, which is TTTT. If Harriet Mier is going to get dinged for SMU, then STCL is a dealbreaker.
Same deal for John Cornyn. He went to St. Mary's, which is a tttttt.
Dinh is a smart dude, but he's, to put it mildly, a bit on the controversial side. I think that confirmation debate would be hella entertaining.
I was gonna tell a Dinh anecdote, but I'm afraid that will put me down on the short list for a wiretapping...
Viet Dinh would ma ma ma ma ma make a gr gr gr gr great Supreme Court justice....except they would have to change the time limits for oral arguments to make up for the time his stutter would kill. But in all seriousness, Dinh is unlikely to be confirmed unless the Ds lose their majority - but he'd be a great addition.
You guys just dislike him because he's a minority with a (speech) disability.
3:42 - partisan hack bloviation.
Everyone loves Dinh but 3:42 - and I bet his/her corporations grade had something to do with that. The speech impediment is annoying, but it is fairly obvious that he's brilliant, even if you don't agree with his politics.
Can we get a post on MPRE scores? I just got mine via email.
How is there no love for Alex Kozinski? He's like fifteen years old, brilliant, hilarious, and with an equally compelling personal story. Plus, I'm for anyone who ends an opinion with: "The parties are advised to chill."
I don't know if Dinh could handle living on SCOTUS salary - but I'd love to see him on the court (and just as with Kozinski, law students everywhere would appreciate clearly written, practically minded opinions).
Dinh to SCOTUS! SCOTUS TO 850K!
Kozinski is 'too cool for school' - in this sense (note carefully, IN THIS SENSE) he is another Posner or Easterbrook or Holmes - the strength and boldness of many of his opinions harm his chances of ever landing the top spot.
Whatever happened to Sykes being a top choice for the Rs, and Wood a top choice for the Ds?
Right. McCain served in VIETnam, so he'll appoint VIET Dinh to the Supreme Court.
And Obama's black and liberal, so he'll appoint someone who clerked for a black, liberal Supreme Court Justice.
Excellent detective work. Even Greenhouse was better than this.
3:48, they don't extend oral argument for Justice Breyer's rambling policy speeches, only half of which end in actual questions... so they probably wouldn't extend it for any other Justice's time-consuming idiosyncrasies.
Dinh has about as much of a chance being confirmed as Bush has becoming smart.
Hey.. 3:59... did you really just get yoru MPRE score?
Props to Lat for the post title
The reasons why Dinh would make such a great Supreme Court justice are exactly the same reasons why the confirmation hearings would be a bloodbath, and the only chance of a confirmation would be if McCain gave away the farm to get it. Plus, why buy all those expensive suits just to hide them under robes?
Once you get used to the stutter, it's not distracting at all. Plus, Dinh is a brilliant funny guy.
And don't discount the role his close friendship with Preet Bharara woould play in any confirmation hearings.
In the unlikely event of a Republican victory, Paul Clement is head and shoulders above anyone else. It is criminal that this Adminstration will end without him on a federal bench somewhere, either the Fourth Circuit (the Luttig seat?) or the DC Circuit.
Passing MPRE scores are always sent a day before the folks that failed.
4:01 - Agreed
Kozinski to SCOTUS!
Yes - Preet Bharara would obviously singlehandedly save Dinh from confirmation troubles. Very politically astute. And by politically astute I mean way off.
Could Dinh keep teaching classes as GULC while on SCOTUS? He'll need some type of supplemental income to support his lifestyle.
kash to SCOTUS!
Deval Patrick's time as Gov has been pretty disappointing...I think he's lost a lot of the fans he once had and would be surprised if he was a front runner for SCOTUS at all...
"Deval Patrick's time as Gov has been pretty disappointing"
Pretty dumb comment.
Barack would probably like to put Jeremiah Wright on the Supreme Court.
How about a thread on the fact that the MPRE website is down and so no one can get their scores?
my picks: Paul Clement, Allison Eid, Peter Keisler, Miguel Estrada, Michael McConnell, Jeffrey Sutton, and Janice Brown...not sure if any could make it past pat leahy though...
Score came in for me with no trouble accessing the website
4:48: i'd love to hear rev. wright at oral argument...
Repub could fill RBG seat w/ Maureen Mahoney.
Barack would probably put his cousin Osoma bin Laden on the SCOTUS.
the gop will probably have to settle for raggi, livingston, duncan, ikuta, or callahan with the senate in dem control...
Wasn't Kozinski the Unabomber? That would probably raise some confirmation issues.
3:51,
No true, I dislike Dinh because he's Vietnamese.
I am a Federalist Soc member from my first year of law school and met Viet Dinh during my graduate year, he is wholly without any redeeming qualities.
I first became acquainted with 5:27 when he posted at 5:27pm, and his posts are completely without any redeeming quality.
I'm kind of surprised Goldstein didn't mention Akhil Amar as a potential Dem nominee. He's a brilliant constitutional scholar, moderate enough to get confirmed, and he's also young and a minority.
While I have only know 5:32 briefly (specifically, since I met him at 5:32 over an internet discussion board) I can say with full faith and confidence that his assessment of 5:27 - an individual I've know slightly longer than 5:32 - is spot on.
No way I am appointing that slope. Hes' down with the VC.
Barrack Hussein Obama Bin Laden
It's really tough to predict who McCain would nominate if elected. 99% of all qualified conservative jurists think that McCain-Feingold is unconstitutional, so he might pick a moderate/liberal who is more likely to uphold the law. Conservatives would revolt, but would McCain care? He might just try to depend on the votes of Democrats. He'd probably be even more likely to do this in his second term, which might be the time at which many of the liberals step down anyway, since they might try to hold out as long as possible if a Republican is elected.
"I'm kind of surprised Goldstein didn't mention Akhil Amar as a potential Dem nominee. He's a brilliant constitutional scholar, moderate enough to get confirmed, and he's also young and a minority."
One problem with Amar is that he's written some things that would be pretty controversial among liberal lawyers. For example, if I remember right he wrote that the Ninth Amendment did not protect unenumerated rights. Somehow I can't picture someone him supporting Roe v. Wade, though I can't remember what he's written on that topic specifically.
I want to see Rev. Wright and Justice Thomas in an oral argument together. Panther Fight!!!
It won't be Kagan and it won't be Amar. It won't be any professor, no matter how much admired in academic circles. The nomination is too contentious for anyone to throw such a lob to the other side. It's too easy to oppose someone on the grounds that he or she has no judicial experience. Moreover, professors have let too much of their own personal views out there.
Come on, how about Dean Koh? Or do we have to wait for Lat to be our first Asian justice?
Agree with 4:26 completely. About the stutter, brilliance and sense of humor. Dinh's confirmation hearing would make spectacular theater.
Judges who should be considered but never will: Kozinksi and Posner
But I'd be surprised if Obama has Kagan ahead of Sunstein on his list. Sunstein is his homeboy, a better scholar, etc.
And McCain could appoint Bybee, you know, to keep up with the torture theme.
I think Ann C Williams of the 7th Circuit would be an excellent middle of the road choice. Appointed to the bench (ND Ill) by Reagan, elevated to the 7th by Clinton.
9:09, I agree about Sunstein being ahead of Kagan on Barack's list. But I think any scholar has to be on the DC Cir for a year or two before elevation to SCOTUS. And what a coincidence, the DC Cir is perfect for Sunstein's expertise.
On the Republican side, I was pleased to see Allison Eid mentioned above. She would not be terrible.
The appointees will all be from the federal bench. The academic world loves to talk about which among them will get to the high court, but it won't happen. I wouldn't take 10 to 1 odds on a professor, and I wouldn't take 20 to 1 on Sunstein.
McCain being 140 years old, the likelihood of him reaching a second term in sound mind and body is not high. They might have to carry him around the campaign trail like Weekend at Bernies.
Typical liberals - you have to have a woman replace a woman. Everything with them is about labels and categories.
BTW, nice new look for the site. Now how about upgrading the slow-ass servers.
Sonia Sotomayor would be a good pick for the Democrats.
Obama pick: Laurence Tribe. Tribe also taught CJ Roberts. Now, how cute would a teacher/student SCOTUS reunion be?!?