SCOTUS politics: Rahm in charge?

Posted: Wednesday, May 06, 2009 9:17 AM by Domenico Montanaro
Filed Under: Courts

The Washington Post has the type of story that suggests it may know more than it reported. "The selection of a small and very senior group of administration officials to help manage the nomination is designed, in part, to avoid the kinds of leaks that angered several Cabinet nominees during Obama's transition."

"Running the selection are White House Chief of Staff Rahm Emanuel, counsel Gregory B. Craig and deputy counsel Cassandra Q. Butts, a classmate of Obama's at Harvard Law. Obama has reached out to Republican and Democratic Senate leaders, seeking their recommendations. But the chance that he would veer from his own list, which began taking shape in December, is slim."

Now, infer away... Rahm's in charge... not the lawyers. Discuss.

Politico profiles the man who it says will be the GOP’s chief inquisitor during any confirmation hearing: Alabama Sen. Jeff Sessions. “By elevating Alabama Sen. Jeff Sessions to their top spot on the Senate Judiciary Committee, Republicans have selected their chief inquisitor for President Barack Obama’s first Supreme Court nominee: a Southern, white conservative man who has drawn fire for racially insensitive comments in the past. Democrats like how this is looking. ‘Sessions will help galvanize and crystallize why we need a filibuster-proof majority in the Senate,’ a Democratic senator, speaking on the condition of anonymity, told POLITICO Tuesday.”

But: “Sessions, who easily won reelection to a third term in November, wins praise from both Democrats and Republicans for his cordiality and integrity in his dealings with them. Senate Judiciary Committee Chairman Pat Leahy (D-Vt.) notes that Sessions was one of the few Republicans to support Eric Holder’s nomination as the nation’s first African-American attorney general.”

The New York Post on the criticism that Sonia Sotomayor is receiving: "In addition to mangling the most basic lesson about the three branches of government, Sotomayor's claim raises the hackles of conservatives who accuse liberal judges of trying to legislate from the bench. 'Court of Appeals is where policy is made,' Sotomayor says on the tape. 'I know -- I know this is on tape and I should never say that, because we don't make law,' she continued, to nervous laughter from the crowd. 'I know, OK, I know.'" She adds, "I'm not promoting it and I'm not advocating it."

First Read’s Speculation List
The short list:
-- Johnnie Rawlinson (9th Circuit Court of Appeals, African American woman). Univ. of the Pacific, McGeorge, J.D., 1979
-- Leah Ward Sears, (chief justice of the Georgia Supreme Court, African American woman). Emory JD, 1980; Univ. of Virginia, LL.M, 1995
-- Sonia Sotomayor (2nd Circuit Court of Appeals, Hispanic woman), Yale JD, 1979
-- Kim McLane Wardlaw, 9th Circuit, Hispanic woman), UCLA JD, 1979
-- Diane Wood, (7th Circuit, woman, knows Obama from her time teaching at the University of Chicago), Univ. Texas JD, 1975
-- Jennifer Granholm (Michigan governor, woman), Harvard, JD, 1987
-- Merrick Garland (U.S. Court of Appeals, DC Circuit), Harvard JD (magna cum laude), 1977
-- Deval Patrick (Massachusetts governor, African American, Obama friend) Harvard JD, 1982
-- Cass Sunstein (University of Chicago law professor, Obama friend), Harvard JD, 1978, magna cum laude

Others on the radar:
-- Yale Law School Dean Harold Hongju Koh, Harvard J.D., 1980
-- Judge Ruben Castillo (U.S. District Court for the Northern District of Illinois), Northwestern JD, 1979
-- U.S. Solicitor General Elena Kagan (a former Harvard University law professor), Harvard J.D., 1986
-- Pam Karlan (professor at Stanford Law School), JD, Yale Law School, 1984
-- Judge Margaret McKeown (9th U.S. Circuit Court of Appeals in San Francisco), Georgetown JD, 1975
-- Kathleen Sullivan (former dean of Stanford Law School), Harvard JD, 1981
-- Harvard Law School professor Charles Ogletree, Harvard J.D., 1978
-- John Echohawk
-- Sen. Amy Klobuchar (D-MN): (Downside: Republican governor in MN would appoint replacement)
-- Sen. Claire McCaskill (D-MO)
-- Janet Napolitano: With swine flu, etc, as Homeland Security Secretary not sure Obama would want to pull her off those duties
-- DNC Chair/VA Gov. Tim Kaine: Harvard law, no judicial experience.
-- Ruth Wedgewood, Johns Hopkins scholar, specializes in international law
-- Sandra Lynch, chief judge of the 1st U.S. Circuit Court of Appeals in Boston

EMAIL THIS

Comments

Another Clinton/Obama deadhead leading the charge.

Oh no, oh no.

Marlin Man (Sent Wednesday, May 06, 2009 9:31 AM)

So the Gop's cheif inquisitor during conformation hearings will be a cordial repub. I don't think there is any such animal, sounds like a trick to me.

gepa (Sent Wednesday, May 06, 2009 9:36 AM)

"Now, infer away... Rahm's in charge... not the lawyers. Discuss."
------------------------------------------------------
I think it's a good thing. The Cabinet nominations were far too messy, and the lack of discipline became embarrassing- particularly when the Obama team had run such a tight ship during the campaign. Remember, Rahm doesn't create the list- he takes the President's list and makes it reality. Why do the pundits continue to prop up this tired idea that President Obama is some political neophyte that can't stand up to the big, bad, DC types? Why don't you ask Mark Penn and the rest of the Hillary campaign team about the dangers in underestimating Barack Obama?

Suburban Mom paying attention, IL (Sent Wednesday, May 06, 2009 9:52 AM)

“By elevating Alabama Sen. Jeff Sessions to their top spot on the Senate Judiciary Committee, Republicans have selected their chief inquisitor for President Barack Obama’s first Supreme Court nominee: a Southern, white conservative man who has drawn fire for racially insensitive comments in the past.
---------------------------------------------------

Is it now corporate media political correctness to refer to blatant racists as "racially insensitive?" Sessions told a white civil rights lawyer that he was "a disgrace" to his race, for cryin' out loud. Next they'll be telling us that Gov. George Wallace and Bull Connor were racially insensitive.

Houston (Sent Wednesday, May 06, 2009 10:04 AM)

Sessions may have managed to stay clear of his past conduct but what will happen when the pressure of the entire GOP bears down on him to 'be tough'...in order to rally their party around this supposed 'fight'. My guess is that it will be a minority and possibly female, but not who is being talked about now in the media.

Cjake (Sent Wednesday, May 06, 2009 10:04 AM)

Picking someone who is not a hard left or hard right winger but toward the center (slightly left of center for Obama)is likely the best choice. Race, gender, region, size, sexual orientation aren't important. Experience with the law is very important. There are a ton of people on the list from Harvard. Is that necessary? One would like a well qualified jurist, for sure, but are there not other very fine law schools? Just asking.

eagle1776 (Sent Wednesday, May 06, 2009 10:08 AM)

My prediction:

1) If the prespective justice is not an activist judge, and is willing to limit him/her actions to the actual job description (reading the law, not writing it), then the GOP will question a few things but let the issue go without too much of a fuss. Frankly, they cannot do too much anyhow, but they will do no more than a minor show. The media will go on (and on) about the power of the Obama admin to getting things through the GOP.

2) If the perspective justice is an activist judge who will try to rewrite the laws from the bench, then expect a lot of howling. It will not likely stop the appointment, but they will try to show that the pick was rammed down their throats. They will also try to show that the Obama admininstration does not care about working with the other party, nor does he care about the constitution. Of course, the media will just show them as weak whiners.

A Voice (Sent Wednesday, May 06, 2009 10:12 AM)

I forgot..Obama can use the Bush model. Pick a justice with no/little paper trail ala Roberts/Alito(mini Scalia). It works.

Cjake (Sent Wednesday, May 06, 2009 10:37 AM)

Marlin Man: Sounds to me like it should be Marshin man. you sound like your from mars typical Republican.

Mo (Sent Wednesday, May 06, 2009 10:44 AM)

Suburban Mom paying attention, IL: their used to Bush he couldn't stand up to Barney the dog.

Mo (Sent Wednesday, May 06, 2009 10:46 AM)

It doesn't matter who Obama picks. The GOP will go back to their dream world and start making things up about the nominee is.

Mo (Sent Wednesday, May 06, 2009 10:52 AM)

I still say our President is too smart to make a dumb move on this SCOTUS Nomination.

Barbara C. - Fort Lauderdale, FL (Sent Wednesday, May 06, 2009 10:53 AM)

I hope the choice is someone with Western US experience and a not-Harvard, not-Yale educational background. It is very important to have geographic and educational diversity on the court if it is to rule on behalf of the entire nation.

John, Morgan Hill, California (Sent Wednesday, May 06, 2009 10:57 AM)

This is great, just what the GOP needs to show that they are a "big tent" party. A white, Southern, racist. They just keep on going down the road to non relevance.

Kathy, Vista, CA (Sent Wednesday, May 06, 2009 10:57 AM)

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