My Two Favorites on the Short List:
I think President Obama has too many votes in the Senate to care very much about what folks on the right half of the political spectrum think about those on the short list. Still, I thought I would flag the apparent short-listers who are my favorites: Merrick Garland on the DC Circuit and Diane Wood on the Seventh Circuit. Both are moderate-liberals who are very smart, thoughtful, and principled; both are excellent judges. I would be delighted if either were nominated.
In my next post, I'll say a bit more about why I think the likely nominee is Elena Kagan. I should have that up shortly.
UPDATE: A few readers whose judgment I trust have written in to say that my judgment is off about Judge Wood: According to these readers, Judge Wood is actually a troublesome pick. I note their concern, and add that I have only relatively limited experience with Judge Wood's work and that more investigation would be needed.
In my next post, I'll say a bit more about why I think the likely nominee is Elena Kagan. I should have that up shortly.
UPDATE: A few readers whose judgment I trust have written in to say that my judgment is off about Judge Wood: According to these readers, Judge Wood is actually a troublesome pick. I note their concern, and add that I have only relatively limited experience with Judge Wood's work and that more investigation would be needed.
I suspect that if Judge Garland were to become Justice Garland, then he would have a voting record comparable to Justice Alito in criminal cases.
something that's been bouncing around the blogosphere: apparently the senate has a rule for judicial nominations that requires at least one minority vote in favor to get out of committee. the thinking is that specter switching was harmful in this instance since his vote now doesn't matter in committee
(Majority, including Judge Sentelle, reverses conviction; Judge Garland dissents)
(Majority, including Judge Sentelle, holds district court erred in admitting evidence harmful to criminal defendant; Judge Garland refuses to join that part)
(Majority of Garland and Henderson affirm conviction; Judge Henderson dissents).
But when the MN senator gets seated, won't there have to be a new organizing resolution passed that assigns committee seats to him? Presumably, with Franken, the Democrats could brute-force that rule out of existence with the new organizing resolution.
She's a charming presence in person and on TV.
Unless Obama really wants to push the envelope, he'd have to be crazy to nominate anyone else. Kagan is perhaps the easiest, most natural selection in ages (other than, of course, Roberts).
apparently the senate has a rule for judicial nominations that requires at least one minority vote in favor to get out of committee
That's Rule IV. See Mike Dorf's take.
I don't think this mini-filibuster has ever been used before to block a nominee. Is the GOP crass enough to start now? And is there a preceedural move that the full Senate could employ to have a vote without it being reported out of committee?
I actually think Judge Wood is much more likely. Perhaps I'll have to blog why as well.
JHA
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