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Question of the Week

Who Would You Nominate for the Supreme Court?

Posted May 6, 2009 3:33 PM CST

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With President Obama grappling with his first vacancy on the U.S. Supreme Court, there’s been no shortage of short lists of prospective nominees for him to choose from.

So we wonder ...

If you were president, who would you nominate for the Supreme Court? We’re particularly interested in individuals who haven’t surfaced yet in media discussion about the current high court vacancy.

In the comments below, tell us the name, who they are, and why you think they should replace Justice Souter.

Last week's question, "Are You Washing a Full 20 Seconds?," didn't exactly draw the answers we were looking for, so no featured answer this week.

Comments

1.

B. McLeod
May 6, 2009 4:47 PM CST

For reasons I have already noted in prior posts, I would suggest Ellen.  I now add that she also fits the parameter of not heretofore being surfaced as a likely choice by any of the media pundits.  However, I wonder if the President knows about Ellen.  It is possible, with all the other serious problems facing the country, that he does not have time to read the comments on the ABA site.  Or, even if the President is aware of Ellen’s potential suitability for the post, he may be having difficulty contacting her.  I know that this was difficult for our site moderator, because Ellen always posted without a real E-mail address.  Now, though, it would be possible for the President to send Ellen a message by posting it on her BLAWG site.  So, perhaps he will at least inquire to see if she is interested (and of course, to determine whether she could pass the “vetting”).

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2.

Joy Alwan
May 7, 2009 8:14 AM CST

Dennis Crouch of Patently-O blawg should be the next SC justice. Since the SC has decided to tinker with patent law, at least one justice should have some experience in this practice area. After all, patent lawyers are required to have a technical education as well as pass the patent bar examination in order to practice.

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3.

ADRIAN
May 7, 2009 10:12 AM CST

It is time that the Supreme Court of the United States reflect the exceptionally high number, as well as the proportion, of those talented Far Easterners of both gender in law schools as well as the legal profession itself.

Though representing well below 10% of the total US population, their presence in law, as well as in all other fields requiring higher education, far exceeds that proportion by multiple times.

If merits mean anything in our society, the Supreme Court must play catch-up to reflect this reality.

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4.

John Martin
May 7, 2009 10:40 AM CST

Judge Nancy Gertner of the 1st Circuit.

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5.

CJT
May 7, 2009 11:53 AM CST

Dale Osterle of the Business Law Professor Blog.  Here’s someone who not only has a keen understanding of what hurts are economy but is also willing to say it out loud in a way that people understand.  Translating that to the bench, he’d render intelligent and pragmatic judgments that follow the law.  I also don’t really see him legislating from the bench.

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6.

Tom BOlt
May 8, 2009 4:09 AM CST

Carolyn Lamm, President Elect of the American Bar Association.  Carolyn has a wide diversity of experience in practice,  the judicial temperment necessary and the ability to succeed.  Our ABA President Elect would be an excellent choice for President Obama.

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7.

DKS
May 8, 2009 5:16 AM CST

Missouri Senator Claire McCaskill - she has the background, resume, and real world experience for the job.

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8.

Hon. E. Bee
May 8, 2009 6:05 AM CST

Hey ADRIAN - who do you suggest - Lance Ito?
Seriously though, do you want to use a person’s race as the main qualifier? I had hoped we have moved beyond that.

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9.

Professor Sarah Burns
May 8, 2009 6:12 AM CST

Professor Martha Minow of Harvard Law School.  Smart, thorough, deeply humanist, and long-time thoughtful student of American politics and legal problem-solving so would join the Court as a full and equal player from go.

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10.

Nate
May 8, 2009 6:30 AM CST

I’d nominate just about anyone who isn’t on Obama’s list of candidates. By that I mean someone who has more respect for the rule of law more than ‘empathy’ for the parties. Not that its particularly useful, but if I were selecting candidates my short l list would include: Peter Kirsanow formerly of the NLRB and Civil Rights Commision; Stephen Markman and Robert Young of the Michigan Supreme Court, and economist Thomas Sowell.

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11.

Brenda
May 8, 2009 6:34 AM CST

Kimba Wood or Judith Kaye

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12.

Scott Gardner
May 8, 2009 6:37 AM CST

Sandra Day O’Connor. She’s still got the ability to get the job done, she’s got the best record of anyone that President Obama could find (including being a member of the Cowgirl Hall of Fame), and my fellow Republicans will go nuts at the prospect of Obama nominating a Goldwater Republican.

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13.

J`
May 8, 2009 6:38 AM CST

Would you please have someone review your headlines before press (Whom would you nominate - not who)?

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14.

John A. Davidson
May 8, 2009 7:00 AM CST

Personally since nominate myself is out of the question.  I’d go with Fred Thompson.  If nothing else he looks like what Supreme Court Justice should look like.  Besides many nomimees never turn out the way they were initially seen, Justice Souter was like that and so was Earl Warren.

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15.

Brendon
May 8, 2009 7:03 AM CST

Ann Claire Williams of the 7th Cicuit

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16.

Max
May 8, 2009 7:07 AM CST

Jennifer Granholm.  Smart, even-tempered, Fair and Balanced.

Anyone who seriously believes the Rs respect the “rule of law” more than the Ds has drunk way too much Kool-aid.  The Rs’ agenda to junk the Constitution was made plain by Posner’s book, “Not A Suicide Pact.”  Geez, that pesky Bill of Rights is just so inconvenient ...if we really protect it, The Terrorists Win!

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17.

Dave Ewert
May 8, 2009 7:19 AM CST

Erwin Chemerinsky.  Prominent constitutional law scholar, premier professor, currently a law school dean.  He has a brilliant mind, he would provide balance on the court, and he reveres the Constitution.  He would bring class to the bench.

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18.

David Snively
May 8, 2009 7:20 AM CST

Seth Waxman should get the nod.  Brilliant, former SG, a scholar of Supreme Court law.  We need brilliance

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19.

John S.
May 8, 2009 7:42 AM CST

Nate (post #10) , Seriously? Markman or Young from the MI Supreme Court?  Seriously?  I’m not sure you could find two more activist judges if you tried, except the other two conservatives that made up the “gang of four” on the court until recently.  Those two a re ventriloquist dummies for the Chamber of Commerce.  They have all the inclinations of Scalia in terms of deciding the result they like, and backfilling with judicial excuse making, but they lack the intellectual capacity or writing ability that Scalia has.

If you want to find a conservative justice, there are plenty state court supremes that have credentials, the skills, and are not going to through principles of jurisprudence or precedence out the window when it suits them.

My vote would be a state supreme court justice, with Souter’s departure, there is very little (if any) state perspective on the court.

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20.

PeteMoss
May 8, 2009 7:48 AM CST

Pauline Newman at the Federal Circuit.  Common sense, practical business experience at FMC Corporation, and UN work.  Her opinions are an enjoyable read, especially the dissents.

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21.

Russ Brien
May 8, 2009 7:49 AM CST

John Echohawk

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22.

anne magruder
May 8, 2009 8:04 AM CST

Michelle Obama

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23.

Jcraven
May 8, 2009 8:14 AM CST

“Posted by DKS - 2 hours, 49 minutes ago

Missouri Senator Claire McCaskill - she has the background, resume, and real world experience for the job.”

- I don’t know whether to LOL or cry.

Just what we need on the bench: a politician with an extreme ideological agenda and who knows what kind of lobbyist ties.  Did you see/hear her during the last election?! Good grief, people.

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24.

Tony
May 8, 2009 8:17 AM CST

Judge Judy (aka Judith Sheindlin).

Come on, I thought that would be a no-brainer.

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25.

Lysander
May 8, 2009 8:23 AM CST

Since George Bush renominated Clinton nominees Roger Gregory and Barrington Parker, I suggest that the current, post-partisan president, acting in the spirit of bipartisanship, should renominate Robert Bork to this position.

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26.

AndytheLawyer
May 8, 2009 8:30 AM CST

Bill Clinton—just for the entertainment value at the confirmation hearing.

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27.

Helen Day
May 8, 2009 8:38 AM CST

I’d choose Diane Wood, because she plays the oboe in the Chicago Bar Association Symphony Orchestra.

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28.

john s. pereira
May 8, 2009 8:49 AM CST

Judge Sonia Sotomayorof the 2nd Circuit-she is experienced , fair, tough, independent and would bring a wealth of real-life experience ,both judicial and non-judicial, with her to the Supreme Court

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29.

Scott
May 8, 2009 8:59 AM CST

Judge Alex Kozinski, Chief Justice of the 9th Circuit.

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30.

LW
May 8, 2009 9:03 AM CST

Former Dean Elena Kagan (now SG). Hands-down.  She’s got a brilliant legal mind, but - honestly - what she really brings is a love of education, a desire to work with others, and a down-to-earth quality that could only add to the Court. 

While at Harvard Law, I was repeatedly blown away by Dean Kagan’s constant desire to interact with students, to attend events, and to make students’ lives better.  Her attitude contributed to a truly wonderful environment at law school.  But, I appreciate that’s not justification to serve on the Supreme Court.  She also worked to bring together different factions, and her energy and ability to coordinate and find central positions was amazing. 

Finally, she is incredibly humble and down-to-earth: I often saw Dean Kagan walking to work in her New Balance sneakers (with appropriate black suit) in the mornings or caught her sitting on a bench outside reading over cases or journal articles.  She also held weekly office hours and truly listened to different concerns. 

I only hope to be so lucky as to see her on the Court.

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31.

AndytheLawyer
May 8, 2009 9:12 AM CST

Responding to #30—Anyone who has decided that New Balance running shoes are superior to L.A. Gear or Nike is unfit to sit on the nation’s highest court.

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32.

Charles Rogers
May 8, 2009 9:13 AM CST

I like Claire McCaskill (like DKS), but it concerns me that Missouri might lose a chance to have two Democrats in the Senate for the first time in decades.  Missouri Supreme Court Chief Justice Laura Denvir Stith would be an outstanding choice.  Her legal reasoning, scholarship and opinion writing skills are second to none, and her heart is in the right place.

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33.

JME
May 8, 2009 9:13 AM CST

Not that anybody on the left would agree with this, but how about:  submit a list of qualified candidates, eliminating any information about age, sex, sexual orientation.  Eliminate information about how that person feels about abortion or gun control.  Include a brief listing of the candidate’s education and additional learning/study.  Dont’ submit someone who is an extreme left or right ideologue, we need someone who can intrepret the written law, not create new law according to their personal agenda.  Say what you will about it, whoever got selected that way would be qualified, or at least more qualified than some past Justices in our history.

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34.

John
May 8, 2009 9:14 AM CST

Someone who knows the first word in the question should be “Whom.” I realize that seems terribly dated and picky. But let’s face it: the Court’s job is, in large measure, the analysis and interpretation of language; and its output consists entirely of language. Shouldn’t its members at least understand and respect the grammatical structure of that language?

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35.

Mr. Green
May 8, 2009 9:23 AM CST

Although it would never happen because of Obama;’ ideology, Michael Luttig would be excellent. And, just to cause a stir, Janice Rogers Brown.

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36.

Ed
May 8, 2009 9:24 AM CST

Harriet Myers. She was robbed.

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37.

Kathryn Timm
May 8, 2009 9:40 AM CST

Carol Beier, justice on the Kansas Supreme Court.  I haven’t seen her in over 20 years, but she was easily one of the most impressive women in her class at KU Law, and her legal career has lived up to the early promise.

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38.

Dan Metz
May 8, 2009 9:44 AM CST

Anita Hill

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39.

Jenny H
May 8, 2009 9:57 AM CST

Although nothing other than merit ever should be a factor, it would be nice to see more racial and gender diversity among the Supreme Court nominees and on the Court itself - something more along the lines of the population, not just the token representation of recent past.

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40.

jgb54
May 8, 2009 9:57 AM CST

liz warren, of harvard and currently serving on the congressional TARP oversight board.

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41.

DMS
May 8, 2009 10:20 AM CST

Judge Posner.  The guy clearly gets it - the economy and the law.

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42.

Joe C.
May 8, 2009 10:21 AM CST

Akil Amar, Yale professor of law, and Walter Dellinger, former Solicitor General, fomer Duke law professor, and partner at O’Melveny & Myers both deserve consideration.  Both are liberal, both are extremely smart and thoughtful, and both take the Constitution very seriously.

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43.

Dave McCoid
May 8, 2009 10:26 AM CST

I don’t have a name(s), but from an Iowa perspective we need to get away from the Harvard, Yale, etc mindset and get someone from the middle of the country who is or recently has been a practicing lawyer.

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44.

T. White
May 8, 2009 10:31 AM CST

Certainly not the writer of the Question of the Week—appointee ought to know when “who” should be “whom”.

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45.

Robert C. Cumbow
May 8, 2009 10:44 AM CST

Margaret McKeown, 9th Circuit judge, former Perkins Coie partner, bright, outspoken, politically appropriate to be an Obama appointee and to restore balance to the Court, thoughtful, writes well-reasoned opinions, has many years as a skilled litigator and judge, has a strong grasp of intellectual property (an increasingly big issue for the Court), and is one of the country’s best female jurists.

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46.

Rob G
May 8, 2009 10:53 AM CST

VP Joe Biden, for the following reasons:

1.  Bipartisanship:  Biden would get almost unanimous confirmation because both sides of the aisle recognize that it would be safer having him on the bench than a heartbeat away from the presidency. 

2.  Employment:  We could keep an army of lawyers employed analyzing his opinions. 

3.  Entertainment/diversion:  If Biden’s opinions are as entertaining as his speeches, they will provide intellectual entertainment while distracting the public from the two “productive” branches of government.

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47.

S.C.
May 8, 2009 11:32 AM CST

Chief Justice Paul J. DeMuniz of the Oregon Supreme Court

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48.

H.L. Mencken
May 8, 2009 11:34 AM CST

Someone else it should absolutely NOT be is Eric Clay of the Sixth Circuit.  There is no worse judge on the federal appellate bench.  Period.

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49.

Tim
May 8, 2009 12:24 PM CST

Nelson Lund, professor of Constitutional Law at George Mason University

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50.

miles j. zaremski
May 8, 2009 1:09 PM CST

Dennis Archer, former president of the ABS, politician, member of the Michigan Supreme Court and practicing lawyer and managing partner of his law firm.  Dennis presents a background that Presdient Obama is looking for; somehow who is scholarly and judicious but who knows “the streets” and comes from/knows the real life experiences of those he has had the opportunity to serve and represent.

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