Souter's Appointment:

For those interested in the original appointment of Justice Souter to the Court, I recommend (as I have previously) Jan Craford Greenburg's outstanding book, Supreme Conflict. I blogged on it long ago and identified the Souter nomination as one of the most interesting parts of the book. Here's what I wrote then:

Fourth, her rendition of the Souter nomination reads almost more as a comedy than a tragedy--the process and outcome was so farcical that it would be absurd to think that it would have been anything but random chance that Souter would have turned out to have been a Justice suitable to conservatives, so Greenburg hardly even wastes any ink suggesting that conservatives could have seriously been surprised or disappointed by how Souter has turned out.

I'm not aware of any other work that is as insightful as Greenburg's on Supreme Court nominations. Not to mention that it is a truly fabulous read.

drunkdriver:
Agreed, Greenburg's book was the best book on the topic of the supreme court I've read in some time.
5.2.2009 3:54pm
Mountaineer (mail):
I'd recommend David Yalof's Pursuit of Justices. JCG's book is good at showing us the selection process within the George W. Bush administration (she's got great sources). But Yalof covers decades of SCOTUS nominations, and it's interesting to see just how often the selection process was a complete mess. Of course it also gets at how friendships, pettiness, electoral politics, intra-White House politics, and timing shaped specific choices.
5.2.2009 4:58pm
mschonholz (www):
I would recommend John Dean's The Rehnquist Choice. It was a great read on how Nixon came to nominate Rehnquist (and Powell).
5.2.2009 9:05pm
Cornellian (mail):

I've also seen strong praise for Greenburg's book from a very politically diverse bunch of people. That's not at all easy to accomplish and the book is on my reading list.
5.2.2009 9:50pm
CVMe:
I think Jan's book actually changed conventional wisdom on what sort of nominee one should hope for. In the past, conservatives might have hoped for more brilliant minds like Scalia. In practice, we now know that a heavy weight on the right can move some of those in the center the other way if it is not accompanied by a temperment that persuades others rather than trying to bully them. In my view, Kagan's reputation for working with, leading, and being liked by an ideologically diverse group of very smart people puts her at the top of the list of possible nominees.
5.2.2009 10:24pm
Mystery Guest:
Didn't the judge pickers in the Bush I Administration block a solid conservative -- Edith Jones -- based on some silly, obscure issue like her approach to the Administrative Procedure Act, while overlooking obvious warning signs that Souter was not conservative?

In fairness, Souter's record as a state attorney general was moderately-conservative, and his record as state supreme court justice was moderate -- not the staunch liberal he became on the U.S. Supreme Court.

If the Bush judge-pickers had done their job, they would have known he was a moderate drifting leftward, not a conservative -- but they still probably would not have been able to anticipate just how far to the left he ultimately drifted on the U.S. Supreme Court.

Of course, on economic issues, Souter's successor may be even further to his left, given that Obama is the most liberal president we've ever had, and the fact that the conservative Southern wing of the Democratic Party, which used to control senior seats in the Senate and House, is now basically dead (even so-called Blue Dog Democrats vote with their liberal California and New York colleagues far more often than moderate Midwestern democrats like Alan Dixon (D-IL_ and James Exon (D-Neb.) did a couple decades ago).
5.3.2009 12:50pm

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