Legal News

AP: Six Names Surface for High Court Slot

By Ashby Jones

After what feels like years of speculating, lobbying and opining on who might become our next Supreme Court justice, we just might have a little news.

The AP is reporting that President Obama is considering at least these six people: Solicitor General Elena Kagan (pictured), Michigan Gov. Jennifer Granholm, Homeland Security Secretary Janet Napolitano, federal appeals-court judges Sonia Sotomayor and Diane Wood, and California Supreme Court Justice Carlos Moreno. According to the AP, others are also being discussed, including some that have not triggered public speculation.

According to the AP’s reporter, Ben Feller: “The confirmation amounts to the first time any name has been directly tied to Obama,” but that more candidates may be added to the list in upcoming days.

It’s the first time we’ve seen Carlos Moreno’s name emerge. He’s the only Democrat on the California Supreme Court and is widely regarded as its most liberal voice. Last year, he signed on to the court’s 4-3 ruling that legalized gay marriage in the state. Voters later banned gay marriage in a ballot initiative.

Other Scotus reportage out today:

Why a Woman? The WSJ’s Jennifer Forsyth investigates why the speculation has focused so heavily on female candidates. One interesting point in the story: Having another woman on the Court might substantively shift certain categories of rulings. An analysis published in the Yale Law Journal in 2005 suggests that the presence of a female justice can play a role in the courtroom. In a review of 556 federal appellate cases, the study found judges’ gender increased the likelihood that the court would find for the plaintiff in sexual-harassment and sexual-discrimination cases.

Kagan the Insider? The Chicago Trib shines the light today on Elana Kagan, the former dean of Harvard Law school and President Obama’s pick for solicitor general. Aside from her extensive circle of high-powered connections, Kagan might bring something else to the table: a relatively smooth confirmation process. “Kagan is not likely to face sharp attacks from conservatives,” reads the Trib story. “At Harvard she won glowing praise from prominent conservatives for bridging the ideological divide.”

Will Sotomayor’s Health Play a Factor? Sam Stein at Huffington Post asks whether Sotomayor’s health concerns — she suffers from Type 1 diabetes — is likely to weigh into Obama’s calculus. Comments Jeff Toobin: “It is obligatory [to look at this] . . . It would be irresponsible for any president not to make the health of the nominee a major subject of concern, because presidents want decades of service from their nominees.”

Full post as published by Law Blog - WSJ.com on May 14, 2009 (boomark / email).