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July 07, 2005
BELTWAY BLOGROLL
Bloggers Critique The Court Candidates

Numerous names have surfaced as potential candidates to replace Sandra Day O'Connor on the Supreme Court (see lists at The New York Times, The Washington Post, Slate and RealClearPolitics). Here is what bloggers are saying about some of those candidates:

Samuel Alito, judge on the 3rd U.S. Circuit Court of Appeals
-- Alito is dubbed "Scalito" because of a conservative judicial philosophy that many observers see as resembling that of Justice Antonin Scalia, and Conservative Eyes concludes, "I think anyone who elicits comparisions to Antonin Scalia would make a fine justice."

Janice Rogers Brown, newly confirmed judge on the U.S. Circuit Court of Appeals for the District of Columbia
-- China Ate My Blog: "Brown may not be as solid and consistent a conservative as some of the other candidates, but she is very smart, and is both very conservative and very outspoken on a number of issues -- including property rights, a current concern. And her character and personal history are inspiring."
-- The Supreme Tort: "In terms of qualifications, Judge Brown lacks none. In terms of political realities, Judge Brown still has momentum from her recent Senate confirmation. ... Judge Brown would also satisfy our society's hyper-sensitivities relating to gender and race. She is a black woman. ... She also offers a great deal for both judicial conservatives and political conservatives. All one needs to know is that she follows the jurisprudence of Justices Antonin Scalia and Clarence Thomas."

Emilio Garza, judge on the 5th U.S. Circuit Court of Appeals
-- Democracy Market: "Garza is compelling for three reasons: 1) He's reliably conservative; 2) he's Mexican-American; and 3) he has a military background. How perfect can it be?"

Alberto Gonzales, U.S. attorney general
-- Armando at Daily Kos: "[T]he condoning of torture marks Gonzales as morally reprehensible. But, even if one is only going to look at this cynically, Gonzales cannot be trusted. We THINK he is a moderate. We THINK he'll support the right to choose. We THINK he'll support affirmative action. But how do we know?"
-- Markos Moulitsas at Daily Kos: "[W]e could go ballistic if Gonzales is the nominee, especially given his love of torture, but he's about as close a shot to another [David] Souter that we'll get under this administration. Precisely the reason the Far Right hates him is the reason I'd be willing to give him a pass. He's not perfect. He's a Republican, after all. But given the alternatives, he may be the best of a bad lot. "
-- The Baltimore Group: "As a major supporter of the USA PATRIOT Act, Gonzales is an enemy of civil liberties and a supporter of a police state. Instead, what the court needs is a good federalist."
-- Southern Appeal: "The president needs to know that it is time for him to turn the loyalty switch off in this instance and publicly or privately reassure conservatives that a Gonzales nomination isn't going to happen. ... Either y'all deliver on Bush's promise to appoint justices like Scalia and Thomas, or I and others will make you pay for it dearly come election time."

Edith Jones, judge on the 5th circuit
-- Ideoblog: "Among other things, a Justice Jones would provide real business expertise on a court sadly lacking in that area. I recognize that this isn't Bush's easiest pick. But after seeing the damage mediocrities like Souter can do, the fight would be worth it."

Michael McConnell, judge on the 10th U.S. Circuit Court of Appeals
-- Confirm Them: "Judge McConnell seems inclined toward an activist role for the courts in regulating social policy, such as marriage laws. It appears from the hearing report that he would strike down laws against polygamy, for example, as a violation of First Amendment religious freedom. This would overturn Supreme Court precedent going back to 1878."
-- ProfessorBainbridge.com: "McConnell's nomination to the 10th Circuit was supported by many social conservatives, such as the Traditional Values Coalition, while the leftist American Constitution Society's blog villified him as 'a leader of the anti-choice forces.' In sum, this is just one more reason to think McConnell would make an ideal compromise choice, precluding any risk of fissure within the movement."

Harvie Wilkinson, judge on the 4th U.S. Circuit Court of Appeals
-- Banned in America: "Wilkinson has supported denying people their civil and human rights, banning freedom of speech and freedom of the press, and destroying the protected role of minority businesses as they tried to function amid Virginia's racist environment. And these are just the less serious drawbacks."

Some other names not on the mainstream media's short lists of potential candidates have surfaced in the blogosphere, too. They include: Alice Batchelder, a judge on the 6th U.S. Circuit Court of Appeals; and Miguel Estrada, who withdrew from contention for a federal appeals post in 2003.

Posted by dglover at July 7, 2005 09:07 AM

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"Beltway Blogroll" is K. Daniel Glover's bi-weekly look at the growing number of policy blogs shaping Washington debates. It publishes every other Monday, although additional updates will be made when events warrant.

Glover is the managing editor of
National Journal's Technology Daily. He can be reached at dglover@nationaljournal.com.

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