Obama's inevitable Stevens and Ginsburg SCOTUS replacements--let's throw some names out there.

[Unsane]

Merrick B. Garland, age 56
United States Court of Appeals for the District of Columbia Circuit


http://en.wikipedia.org/wiki/Merrick_B._Garland

Note: Garland is THE number one choice among legal circles to replace Stevens. He's served as a great feeder judge for Stevens (i.e. many of Garland's law clerks go on to clerk for Stevens), and is known for his intellect. He also has a Chicago connection.

---

Sonia Satomayor, age 54
United States Court of Appeals for the Second Circuit


http://en.wikipedia.org/wiki/Sonia_Sotomayor

Note: Hispanic, female, and relatively young. She makes a lot of sense replacing Ginsburg.

---

Cass Sunstein, age 53
Harvard Law School Professor and Legal Academic


http://en.wikipedia.org/wiki/Cass_Sunstein

Note: He is a well respected legal scholar who is friends with Obama. I give this only an outside chance, as academics usually aren't appointed directly to the SCOTUS; they usually spend some time riding circuit first. Sunstein's large paper trail may hurt him, but a 60 vote Senate may be able to overcome the GOP's faux outrage.

Honorable mentions: Lawrence Lessig, Elana Kagan

[tblue]

1. I just want them to be young enough to stay there several decades.

I trust his judgment and I don't know any judges, really.

[Joe Bacon]

45. Justice Bill Clinton

:-)

[Metric System]

2. No to Sunstein!

http://www.talkleft.com/story/2008/7/23/94332/1455

[bleowheels]

3. Alan C. Page

Associate Justice of the Minnesota Supreme Court

[Unsane]

4. too old

he's already in his mis 60's

[bleowheels]

6. But.....

he was a professional athlete. And he looks to be in good health.

[Unsane]

7. There are other, younger black jurists out there ya know.

NFL players live notoriously short lives.

[bleowheels]

10. but I didn't pick him simply on his ethnicity. He is a very popular justice and..

he went to a Catholic high school and a prestigious Catholic university. Granted, I didn't realize that he was in his mid sixties. I like the fact that he comes from a northern midwestern state but I do wish he was in his mid thirties. I really think if Barack gets elected (fingers crossed), he needs to nominate justices in their 30's or 40's. These opportunities have not come around often.

[Smarmie Doofus]

9. He's a judge? Wasn't he a "purple people eater"? nt

[bleowheels]

11. yes he was

although i'm not a current vikings fan. If they could've got Brady Quinn (recently, and although he appeared at a Palin rally, I would be a Vikings fan)

[Phredicles]

48. Ah, so he IS the Alan Page who used to play for the Vikings;

so nice to see a politically sane professional athlete...

[Smarmie Doofus]

5. Kenji Yoshino.

http://en.wikipedia.org/wiki/Kenji_Yoshino

He's brilliant, expert in a myriad of legal areas, has an attractive multicultural background ( not unlike the one the President will have) is Gay and is only 37 years old.

So he won't have to be replaced for a loooong time. Part of the tip-off that the RW was getting very serious in this country was when they started nominating 40-something RW ideologues to SCOTUS.

We should do the same.

[Unsane]

8. He'd be a little too much too soon, but I like your thinking.

Dems would need a supermajority in the Senate to get him through. Would be awesome though.

Maybe a few years as a Ct Apps judge first.

[Smarmie Doofus]

23. Judge,smudge. He's ready now. The reality is Obama could get him thru...

.... assuming the DEMS pick up a few senate seats... but probably won't want to expend the "political capital" ( as Clinton said during 'don't ask , don't tell') 'cause he's gay.

And if Obama doesn't nominate him... the probability is that he will NEVER be appointed.

Now wouldn't that be a ( completely avoidable) tragedy?

[Unsane]

39. I think Yoshino would need a circuit placement first.

The GOP would rightly fight his SCOTUS nomination because (1) he's just 37, and (2) he's never been a judge.

[Smarmie Doofus]

42. Was Earl Warren a judge? William O. Douglas?

And ... if memory serves... Douglas was only slightly older than Yoshino.

[Unsane]

49. Different time, different era. We live in a post-Robert Bork world.

[Smarmie Doofus]

65. I think we may be living in a "post-post-Bork" world.

A lot depends on how the congressional dust settles, what kind of majority the DEMS have and.... of course ... whether Obama wins and by how much.

[ROh70]

62. There is no way Yoshino would ever be nominated

If you want to go with an Asian American academic, Dean of Yale Law School Harold Koh would be a more plausible nominee.

[Unsane]

63. agreed, and Koh's been floated for a while

[Smarmie Doofus]

64. He's ok, but not very , umm... *transformational*. (Koh, that is.)

Asian-American is good, but frankly it's more important at this time that GLBT citizens be represented on the court. "Urgent" might be the better word.

GLBT's statistically dwarf Asian Americans in the population as a whole. Yet, no one ( that I know of, anyway) is trying to write second-class citizenship for Asian Americans into federal or state laws. No municipality refuses to include Asian American-ism as a protected class in their anti-discrimination or hate crimes codes. Asian Americans are not precluded from serving in the military, from adopting children or from marrying .

Anywhere.

I'm hoping simple "plausibility" won't be the determining factor in the Obama era. We will be dealing with a most 'implausible', POTUS, after all.

I'm *hoping*. Can't hurt to hope.

[dansolo]

43. The Republicans wouldn't dare filibuster judicial appointments, would they?

After all of their outrage, they were able to intimidate the Democrats to not even attempt a filibuster on any of Bush judicial appointments. Of course, the media would never point out their hypocrisy if they did.

[FKA MNChimpH8R]

14. Just read his bio. Wow. Wow!

Chaired prof at both Yale and NYU by his age? Holy crap. This guy is a superstar.

He'd be a marvelous appointment. Scalia's head would fucking explode.

[Smarmie Doofus]

24. Brilliant speaker and compelling personality.

In addition to everything else.

I heard him speak at last year's YLS graduation. He was elected by the grads as commencement speaker. Everyone loves him.

He's got everything.

[verges]

36. Scalia's head would fucking explode

Good. Then President O would get a third pick!

[smoochpooch]

12. I do like the idea of appointing someone from the DC or 4th circuits

Hopefully, Obama will have a chance to replace some conservatives on those courts as well.

[Unsane]

15. Scalia will be 80 in 2016

Kennedy will be around that age as well.

[DefenseLawyer]

25. Don't forget the crackpot 7th

which is almost as crackpot as the 4th.

[FKA MNChimpH8R]

13. Judge Sotomayor is a lock

I think we're past due for a Hispanic Justice and her qualifications are glittering, to say the least.

I would definitely support Professor Sunstein. I took a seminar of his when he was a visiting prof at Harvard. Brilliant man, superb scholar and a fine teacher's temperament. Felix Frankfurter was appointed directly from the HLS faculty; William E. Douglas was appointed from the FEC. It's not an insuperable obstacle.

Don't know much about Judge Garland, but if he's close to Justice Stevens, that speaks volumes. Also that he clerked for Judge Friendly (a titan of the bench) and Justice Brennan. Credentials like that are very hard to come by.

I have to put in a word for one of my favorite teachers in law school, Professor Richard Fallon. Brilliant, incisive mind, engaging personality, low key temperament and a wonderful scholar. Currently Ralph S. Tyler Chair in Constitutional Law at Harvard. He's a Yale grad and clerked for the SCOTUS.
Disclosure: Professor Fallon supervised my third year paper at Harvard.

[Hamlette]

16. No too Cass. Too conservative. How about William Ayres?

wouldn't that just frost 'em if Obama was powerful enough to make them eat it?

[FKA MNChimpH8R]

19. I respecfully disagree, Hamlette

Cass is no conservative. Like Obama, his liberal instincts are tempered by a certain pragmatism. But he is no conservative. I can personally vouch for him.

[Hamlette]

29. please don't tell anyone but

I am fairly moderate. A fiscal conservative if truth be known (the federal debt drives me nuts for instance and my dad was a republican so I'm not as anti military as many dems.) I've read some of Cass' writings that led me to believe he is too conservative but based on your post, I'll keep an open mind and look at him again if necessary.

[FKA MNChimpH8R]

59. Thank you!

Cass is an incrementalist - take step after step towards the ultimate goal. Lay the foundation so it seems less radical. He's one of us. Guaranteed.

[JCMach1]

17. Hillary Clinton! Her Senate seat is a safe one.

[Unsane]

18. Only 17 posts for this to be brought up!

As well intentioned as you are, HRC on the SCOTUS is a wretched idea.

[tammywammy]

21. Agreed

I'm just glad I'm not the only DUer that thinks so. She's best in the Senate.

[Warren DeMontague]

20. Hillary Clinton. John Perry Barlow.

That's right, I said John Perry Barlow.

[Waiting For Everyman]

22. Caroline Kennedy

[mmonk]

26. Cass Sunstein is the one big problem I have with Obama.

I'll fight his nomination with my last breath.

[Stop Cornyn]

27. Let's don't count our unhatced chickens just yet

[Demi_Babe]

28. John Edwards...dude needs a job and he's young ;-)

[djg21]

31. I thought he was back in private law practice.

With Eliot Spitzer.

[djg21]

30. I would like to see terms limited.

It would take a constitutional amendment, but SCOTUS justices should be limited to terms of 20 years to decrease the likelihood of one political party packing the Court. There should also be a mandatory retirement age.

[Thrill]

32. Obama's first nominee will be a woman. BET That

[blue_onyx]

46. I agree...

Here's a list that was from The Washington Post of the five most likely female picks.

1. Sonia Sotomayor, 54, U.S. Court of Appeals for the 2nd Circuit. Would be the first Hispanic justice.

2. Diane P. Wood, 58, U.S. Court of Appeals for the 7th Circuit. The strongest intellect; the oldest.

3. Elena Kagan, 48, dean, Harvard Law School. The youngest; has the respect of conservatives for her Harvard faculty hiring.

4. Leah Ward Sears, 53, chief justice, Georgia Supreme Court. African American.

5. Jennifer M. Granholm, 49, governor of Michigan. Political experience and a former state attorney general. A Clinton supporter; stood in for McCain running mate Sarah Palin in Sen. Joseph R. Biden Jr.'s debate preparation.


http://www.washingtonpost.com/wp-dyn/content/article/2008/10/05/AR2008100502178_2.html?sub=AR&sid=ST2008100502277&s_pos&s_pos=

[Unsane]

54. interesting

[FKA MNChimpH8R]

57. Dean Kagan and Governor Granholm would be good choices

Granholm was my boss (Editor In Chief) of the Harvard Civil Rights/Civil Liberties Law Review when I was a first year law student. She is extremely bright and an impressive presence in a meeting. I'd support either of these outstanding women.

[Unsane]

60. agreed

[blue_onyx]

66. I'm a big fan of Granholm's

She is very smart and has been a good leader here in Michigan, during a very difficult time. The fact that she hasn't been a judge makes it unlikely she will be picked. I could see her getting appointed to a lower court and maybe being moved up to the Supreme Court later on, assuming Obama has two terms (which hopefully he will). I could also see her being Obama's Attorney General.

[Mz Pip]

33. Jonathan Turley

Probably too high profile, but he knows the constitution.

[phleshdef]

34. I was just about to say it. You beat me to it!

I'm not sure what his Roe vs Wade views are, but what I've seen of his performance on Countdown and from the articles I've read that he has written, I would place him in the highest consideration.

[Unsane]

38. He also supported the impeachment of WJC. No thanks.

[garybeck]

61. I second that.

he is unbiased because he favored impeaching clinton and bush

[Phx_Dem]

35. Laurence Tribe, Harvard Law Professor & Constitutional Law Scholar

He and Obama are reportedly very close.

http://www.law.harvard.edu/faculty/directory/index.html?id=74

[Unsane]

37. Too old, but maybe you'd see him as AG or WH counsel.

[DefenseLawyer]

44. Tribe is 67.

A little long in the tooth, but a giant among constitutional scholars. Assuming he is in good health, I think I would take 10-15 good years from Tribe over 30 from a lesser known commodity.

[Unsane]

50. And conservatives would gladly confirm a liberal justice nearing 70.

Meanwhile republicans nominate Roberts, Alito et al who will stay on the court for 30 or 40 years.

[DefenseLawyer]

51. And they gladly confirmed Souter at 51, didn't they?

Well gladly at the time anyway. Somewhat of an "lesser known commodity" as it turns out.

[Unsane]

53. My suggestions aren't lesser known quantities; they have a clear judicial record.

We don't need to sacrifice age because you think only a 70 year old won't 'surprise' you.

[FKA MNChimpH8R]

58. Agreed on all counts

Tribe is the most brilliant person I've experienced in person. I had him for advanced Constitutional Law in my third year. Unfortunately, Larry should have been appointed by Clinton, who didn't have the stones to do it. He would make an excellent legal advisor to President Obama, though.

[Liberalboy]

40. Rives Kistler or Virginia Linder

It's about time we have an openly gay judge on the Supreme Court!


55 Years old

She began her career as an Assistant Attorney General in the Appellate Division of the Oregon Department of Justice, starting in 1980. Then in 1984 Linder was appointed as assistant solicitor general of Oregon. In 1986, at the age of 33, she was appointed Oregon Solicitor General, being the first woman to hold that position and serving in that office for longer than anyone else in state history. During her time as Solicitor General, she represented Oregon in front of the United States Supreme Court, winning Oregon v. ACF in 1994.

Linder is the first woman elected to the Oregon Supreme Court. All previous female justices had been appointed to fill vacancies. She is also the first ever openly lesbian member of a state supreme court anywhere in the nation and the first openly LGBT person elected as a non-incumbent to a state supreme court. Her election campaign was supported by the Gay & Lesbian Victory Fund and she lives with her partner Colleen Sealock. Since 1998 she has been a professor at Willamette’s law school.


59 Years old

Rives Kistler earned his undergraduate degree at Williams College in Williamstown, Massachusetts, earning a BA.<3> He then earned a masters degree at the University of North Carolina before attending law school. Justice Kistler graduated summa cum laude from Georgetown University Law Center in 1981. After graduation, he served as a law clerk for Charles Clark, Chief Judge of the United States Court of Appeals for the Fifth Circuit, and for Lewis F. Powell, Jr., Associate Justice, Supreme Court of the United States.

On completing his clerkships, Justice Kistler went into private practice as a litigation associate for Stoel Rives LLP in Portland, Oregon from 1983 to 1987. He then moved to the Oregon Department of Justice as an Assistant Attorney General, representing the state in civil and criminal appeals before the state and federal courts from 1987 to 1999.

In addition, Justice Kistler has taught state constitutional law as an adjunct professor at Lewis & Clark Law School in Portland, Oregon. He is a former member and vice-chair of the Oregon Board of Bar Examiners and a former member of the National Association of Attorneys General Working Groups on criminal law, federalism, and free speech; he served as chair of the working group on free speech.Initially appointed by Governor Ted Kulongoski, Kistler was elected to the position in 2004 with 60% of the vote. He is one of only two openly LGBT state Supreme Court justices in the United States,

[blue_onyx]

41. I don't know much about judges but I think it will be a woman

As much as gender shouldn't be a qualification, the unbalanced gender makeup of the court will be considered. Particularly if Ginsberg leaves first, Obama will feel compelled to nominate a woman so that court isn't left without a female voice.

[Bucky]

47. Gabrielle K. McDonald

She's been around awhile--she's in her 60s--but her experience includes state, federal, and international law (including looking into war crimes in southeast Europe after the ethnic cleansing).

[ruggerson]

52. No one over 55

preferably under 50.

[Unsane]

55. agree

[ShadowLiberal]

56. Anyone who's a proven liberal and young (like in their 40's) is fine with me

[HamdenRice]

67. Harold Koh - Yale Law Dean nt