Legal News

High Court short-listers' Job No. 1: Don't mess up

By (Breaking Legal News)

Lie low; go about your business. Don't campaign; keep your name out there. Don't seem too eager; find ways to shine.

There's no etiquette handbook for the elite few on Barack Obama's short list for the Supreme Court. Nor is there any shortage of advice.

As the president closes in on his choice to fill a vacancy on the high court, the short-listers know all their words, moves and actions are under intense scrutiny.

For all of them, one job is paramount: Avoid messing up.

"You don't want something showing up on YouTube that's going to kill your chances," says historian Julian Zelizer. "The etiquette seems to be: Don't say anything about why you would be a good pick, and act as if you're not going to be the pick."

Those being considered to replace Justice John Paul Stevens include judges, a governor, top administration officials and others in high places who can't avoid constant questions about whether they'd like the job and whether they've been contacted about it. They're adopting all sorts of coping strategies.

Michigan Gov. Jennifer Granholm has talked herself up on cable TV at times and thrown cold water on her prospects on other occasions. Federal appeals judge Diane Wood's credentials are being lauded by former law clerks. Homeland Security chief Janet Napolitano employs the polite non-answer.

Napolitano appeared on several TV news shows Sunday to discuss the attempted car bombing in Times Square, the oil spill in the Gulf of Mexico and unrest over immigration in Arizona. Inevitably, the subject of the Supreme Court vacancy came up as well.

Full post as published by Breaking Legal News on May 05, 2010 (boomark / email).