The Volokh Conspiracy

Alberto Gonzales, Stealth LawProf?:
From today's Reliable Source in the Washington Post:
Alberto Gonzales dropped by GWU Law School yesterday, surprising 40 students in the criminal procedure class. The attorney general talked about military commissions, terrorist surveillance and the Patriot Act and took questions for 40 minutes — before vanishing as mysteriously as he arrived. Turns out this was all his idea: Gonzales just got a hankering for legal chat with some students, and his staff tracked down a willing prof, former DOJ lawyer Renee Lerner. "I guess he really likes teaching," she said. "The students, of course, were delighted to have him." Is the AG mulling a move to academia? "He is not ruling any options out in terms of future careers," said Justice spokeswoman Tasia Scolinos . Any more stealth visits to law schools planned? "I wouldn't rule it out."
  Pretty cool, I think. A photo of the visit is here. My colleague Renee is a former Deputy Assistant Attorney General at the Office of Legal Counsel in the Bush Administration, where she served from 2003 to 2005.
te:
He should certainly start "exploring his options" in the private sector.
11.1.2006 2:23pm
Nom (mail):
He should certainly start "exploring his options" in the private sector.

If Stevens retires, I think Gonzales, with a reputation as a moderate (but certainly farther to the right than Stevens) would be confirmable. Add his close friendship with Bush and his Hispanic heritage, he would be hard to beat.

As a conservative, I think the opposition to Gonzales has been excessive. His abortion opinions were just statutory interpretation, and even Scalia has said he would uphold a liberal abortion law if it came before him.
11.1.2006 2:38pm
percuriam:
te, what is that supposed to mean? after the election in '08, do you really think that Judge Gonzales will be staying in government? Or do you think he is going to be ousted?

Please explain.

I have no doubt his "options" would be numerous.
11.1.2006 2:40pm
MS (mail):
percuriam,

Judge Gonzales? The Military Commissions Act doesn't go quite that far.
11.1.2006 2:49pm
LotharoftheHillPeople:
Nom,

I disagree; I think Gonzales is unconfirmable. The left hates him because he is Bush's "yes" man, whose only principle is loyalty to GWB. The right would oppose him because he has no conservative principles. A Gonzales candidacy might have worked before Harriett Miers, but post-HM no one on the right is going to defer to the President's pick.
11.1.2006 2:53pm
Stating the Obvious:
"The attorney general talked about military commissions, terrorist surveillance and the Patriot Act and took questions for 40 minutes — before vanishing as mysteriously as he arrived"

Also vanishing mysteriously were the students who asked hostile questions...
11.1.2006 2:56pm
MS (mail):

If Stevens retires, I think Gonzales, with a reputation as a moderate (but certainly farther to the right than Stevens) would be confirmable.


Karl Rove? Is that you?
11.1.2006 2:59pm
Nom (mail):
Judge Gonzales? The Military Commissions Act doesn't go quite that far.

Err, Gonzales was a justice on the Texas Supreme Court and is therefore entitled to be called "Judge" or "Justice" in perpetuity. For example, even if Sandra Day O'Connor becaomes a law professor somewhere, she will still be referred to as "Justice O'Connor."
11.1.2006 3:03pm
MS (mail):
Nom,

I was joking. But since we're bluebooking, it's the Supreme Court of Texas, not the Texas Supreme Court and they are Justices, not Judges.
11.1.2006 3:07pm
Nom (mail):
The only possible lefty objection to Justice Gonzales is the detainee treatment thing (that's what came up at his confirmation for AG). But the winds have shifted, and a lot of Dems voted for the Military Commissions Act (including Lautenberg and the very liberal Sherrod Brown about to become a senator from Ohio). Given that the Dems care about abortion over all other issues (as demonstrated in the Roberts and Alito hearings) and Gonzales is known as a moderate (liberal?) on that issue, he would be confirmed. If they vote him down, do they think they'd get someone better? They'd likely get Estrada, and couldn't vote down two Hispanics in a row - that would be suicidal.
11.1.2006 3:11pm
MS (mail):
Nom,

If the Dems pick up a few seats in the Senate, wouldn't a more centrist nominee, like Ed Prado, work better? I think you underestimate the Democratic dislike for Justice Al's conduct of the GWOT. Besides, abortion is so 2004. Its all about executive power these days.
11.1.2006 3:19pm
Nom (mail):

"Texas Supreme Court" is used interchangeably with "Supreme Court of Texas." Just as it is not wrong to refer to the Supreme Court of the UNited STates as the U.S> Supreme Court. See this.

And I never referred to Gonzales as "judge" rather than "justice" :
Err, Gonzales was a justice on the Texas Supreme Court and is therefore entitled to be called "Judge" or "Justice" in perpetuity.
11.1.2006 3:23pm
Anderson (mail) (www):
If only Gonzales were misleading only students as to the law, rather than the Congress or the American people.

"Those who shouldn't, teach"?
11.1.2006 3:32pm
Adam (mail) (www):
Well, can he define "torture"?
11.1.2006 4:29pm
Greedy Clerk (mail):
The only possible lefty objection to Justice Gonzales is the detainee treatment thing

Huh!? Besides not only being a "lefty" objection; it is a pretty big, big, important objection. Also, it is hardly the "only" objection --- his outrageous memos to Bush re the death penalty is another. Also, you may have forgotten about that little thing called FISA, and his disregard of it. Gonzalez is not confirmable. The right would not stand for it because of his supposed "liberal" views on abortion and affirmative action, and the left would not stand for it because of his approval and defense of water-torture and his blatant violations of FISA.
11.1.2006 4:48pm
percuriam:
MS,
Regardless of what the Texs Supremes are called, I have very good sources (former DOJ and WH lawyers) that he is called "judge."

Nom, it will be a cold day in hell before Stevens retires in a Republican Adminitration. That being said, I think Gonzales will have a hard time being confirmed for a seat on SCOTUS.
11.1.2006 5:32pm
MS (mail):
Greedy Clerk,

Don't forget that overlooked but charming section of the torture memo arguing, in the alternative, that Article II trumps all. Though I suppose that was just a preview of the most extreme FISA argument.

That said, he's a good lawyer and would make a fine circuit judge. And with Higginbotham's retirement, there's a Texas spot available.
11.1.2006 5:37pm
MS (mail):
percuriam,

I never doubted you; I was just joking. Unfortunately, I'm not funny live either.
11.1.2006 5:46pm
BruceM (mail) (www):
Gonzales spoke at my law school graduation (this was before he was USAG). He was a good, interesting speaker. I don't agree with his politics, although he is much better and brighter than his predecessor, which isn't saying much because so is Pauly Shore... but I thought he was a bright guy and he'd probably make a good law prof.
11.1.2006 11:39pm
melony (mail) (www):
http://ef32dweg.info
11.3.2006 5:59am
jerome (mail) (www):
http://fg23f32.com
11.9.2006 4:06pm
marvel (mail) (www):
http://54ff232.com
11.11.2006 10:06am
pennie (mail) (www):
http://1f232av.com
11.12.2006 9:18am