From the Washington Post:
President Bush appears poised to announce a new Supreme Court nomination today, moving quickly after a weekend of consultations to put forward a replacement for the ill-fated choice of Harriet Miers in hopes of recapturing political momentum, according to Republicans close to the White House.
Judging by the names the White House floated by its political allies in recent days, Bush seems ready to pick a candidate with a long track record of conservative jurisprudence who would mollify the Republican base that scuttled the Miers nomination. Several GOP strategists said the most likely choice seemed to be federal appeals Judge Samuel A. Alito Jr., with fellow Judges J. Michael Luttig and Alice M. Batchelder also seen in the running.
Not a surprise, really. A solid and openly conservative nominee will energize Republicans and a SCOTUS nomination certainly will overshadow the Libby indictments (though I have a feeling that the more the charges against Libby are parsed in the blogosphere, the more suspect will become the case against the former VP chief of staff).
Besides, a Monday announcement seems like a no-brainer, given that the White House had to have this pick prepared at least a week ago, when displeasure over Miers was growing among the conservative “base.”
So. For those of you looking to get a headstart on potential SCOTUS material, Patterico offers this analysis of Alito’s dissent in Casey. Alito remains the strong favorite, though Luttig or McConnell are getting nearly as much play.
Meanwhile, Eleanor Clift—Eleanor Clift!—seems fond of Mahoney (Mahoney is Roberts in a pants suit, but her having argued Michigan’s case in Grutter could prove problematic for her nomination). And Glenn is noting a push for Alex Kozinski, who is an interesting wildcard—though Jonathan Adler thinks it unlikely.
Oh. And let’s not forget the possibility of Janice Rogers Brown, who has, from the get go, been my personal choice.
But then, I’m a risk taker, and I don’t buy the argument that should JRB fail to be confirmed, Bush would have to follow with a consensus pick. I think he could come right back with a McConnell, for instance, and get him through with relative ease.
Should be an interesting next 24 hours…
Politically, Janice Rogers Brown would be the brilliant, gutsy move. It would no doubt trigger the “nucular” option, bring the judicial philosophy debate to a head and show the Dems true plantationist colors. It would wipe Plamegate right off the front pages. And cynically, having Rosa Parks lying in the capitol rotunda couldn’t hurt either.
I don’t know if this administration has the balls to throw down the gauntlet. But if ever there was a time to show a spine, this is it.
BRING IT!
I just hope that all the people who caused the furor over Miers (myself included) realize that we can’t just sit back on our butts when the next nomination is made. Without incredibly strong support at the grassroots level, whoever Bush nominates is not going to be confirmed. This is not going to be an easy fight in any sense of the word. There isn’t even a nominee yet, and the Dems and MSM are already in major smear mode.
I have already started writing to Republicans to demand that they physically take the Dems up on any filibuster threat. If the Left is going to threaten a filibuster, MAKE THEM DO IT! Expose them for what they are. Let’s find out who on the hill is actually representing us, and who is a blustering sack of hammers.
I’m in for the duration, and I hope everybody else is, too.
I heard today that Roberts on several occasions defended affirmative action for clients, so one would wonder why Roberts was such a great pick to so many and Mahoney should be disqualified for doing the same thing (maybe this particular talking head was wrong about Roberts).
But it’s not just that she took that position for a client, she’s on the record of supporting affirmative action. I would not be happy with this pick, but she is clearly qualified.
There are many fine choices available to the president, and I’m not too worried he will screw up again. Maybe we’ll know tomorrow!
I, too, have wanted JB from Day 1. Ramming a fist in the eye of the obstructionists aside (or watching Byrd or Kennedy come out agin’ her, heh) – I happen to think, in my humble legal opinion, to believe her to be one of the top possible picks. Qualified and with a proper view of the role of the COurt. Who could ask for anything more. Oh, and if you can convince huge majorities of CA voters to back you, you must have some sort of charisma too…
OH, and a lesson for all of you. DOn’t drink rum while suffering a head cols and expect your PW comments to make any sense (grammitcally or logically).
As I’ve said before, JRB has a ton of charisma, and it’s effect shouldn’t be underestimated. I have been a musician for most of my life, and have seen innumerable times how charisma trumps lack of substance every time (Bill Clinton, anyone?). With a woman as intelligent and talented as JRB, her charisma could easily be the trump card that gets her confirmed.
I predict it’ll be that fecking armadillo, namely on the strength of the size of his tips at the strip bars in southern Louisiana.
Janice Rogers Brown is a no brainer. It starts a fight that the Dems can’t win.
JRB is far and away my favorite.
However, is she confirmable, especially w/o a fight the MSM would tilt for the Left?
Alice Batchelder is a to die for conservative nominee, only negative is the age canard. Plus, she’s an easily confirmable nominee, at least in juxtaposition to JRB, Alito or Luttig.
I know, I’m really swimming upstream here, but if POTUS had listened to me instead of nominating Miers, we’d be swearing Alice in for SCOTUS before Thanksgiving.
Mike
If President Bush and the administration have learned anything from the Miers debacle, it’s to be mindful of the conservative base and don’t forget we’re playing hardball politics.
We’re truly hoping his next nominee will be a woman.
Since we’re talking about filling O’Connor’s seat, gender will be an issue. Better to pre-empt the Dems’ argument and take wind out of their sails, as there’ll be enough to fight about—by nominating a credentialed conservative.
We’re standing by our original prediction. Call it wishful thinking, if you must.
I think JRB would be confirmable, albeit with a fight, but I just don’t think Bush would nominate her. She’s far too different than his own philosophy.
I think we’ll get someone who is more a big government/big business Republican (like Ms. Miers and GWB).
Jeff—when are you going to configure your “wishlist” to make it possible for us to buy you Guinness?
“Jeffâ€â€when are you going to configure your “wishlist†to make it possible for us to buy you Guinness?”
BRILLIANT!
fyi, fox news is saying that judge alito is going to be it. for what that is worth.
Harry Reid told him not to nominate him, which is just the thing I think republicans wanted to hear. Heh.
No more speculation—it’s Alito. As Joey Tribiani would say “the point is moo”.
BTW, it’s an excellent pick and I’m quite pleased.
I enjoyed the Pres., in his announcement speech, speaking of Alito’s “breadth” of experience. “So, ya happy now?”
You know it’s pretty ironic that there was such a hullabaloo over Miers because of her (lack of) qualifications and here you guys want Bush to pick Brown based purely on political considerations.
yours/
peter.
I can’t help but consider the master poker player has played his cards brilliantly. Bush knew what he was doing when he nominated Meirs. Bush always picks the right person to get the job done.
Peter – you must have skipped my comment. I said that aside from any political consideration, I considered her qualifications and philosophy to be the reasons to appoint her. Jeff has been saying the same thing for a long time. Do try to pay some attention before lobbing out generalizations. Thanks.
What’s even more ironic is that the Dems could have had Miers if they had stepped up to the bar and supported her.
In the movie Local Hero, Peter Riegert’s character, Mac, is negotiating with an old Scotsman (Ben) for the sale of Ben’s Beach—the final piece of property needed for a new refinery in Scotland. Ben scoops up a handful of sand from the beach and asks Mac:
Would you give me a pound note for each grain of sand I can hold in my hand?
When Mac objects to the method, Ben drops the sand saying:
I couldn’t hold much more than ten or fifteen thousand grains in my hand at any one time; that would have been quite a bargain. Did you think I was trying to cheat you?
I’m very concerned about Alito, Patterico’s analysis notwithstanding. I am opposed, on a knee jerk basis, to any regulation that causes delays, and erects beaurocratic hurdles that invade a woman’s right to decide independently of any person, including her spouse, what degree of physical risk she is willing to endure as human heart-lung machine.
Then you should be aiming your ire and concern at the state of Pennsylvania, which is the point.
A knee-jerk response to Alito is seems to indicate a preference for ideology over examination of a judge’s actual record regarding a particular issue.