The Judicial Reveiw. Blog Posting 3

Blog posting 3


According to White House press secretary Robert Gibbs, President Obama is “close’ to making a choice of a nominee to replace the retiring Justice John Paul Stevens. In fact, Gibbs didn’t rule out the possibility that President Obama could announce his choice of a Supreme Court nominee as soon as this week.
According to The Wall Street Journal, President Obama has interviewed Solicitor General Elena Kagan last Friday and Merrick B. Garland last month. Sidney R. Thomas has also been interviewed, but it was not clear as to when exactly. When President Obama last elected a Supreme court Justice, he held interviews with four potential candidates, one of which is now Justice Sonia Sotomayor. It is highly likely then, that President Obama is strongly considering the potential candidates that he personally interviews.
Let’s take a look at the political and personal leanings of potential nominees that the President has already interviewed.
Elena Kagan, currently the solicitor general, has a more conservative outlook than retiring Justice Stevens, but is seemingly well prepared for the job. She has degrees from Princeton, Worcester, Oxford and Harvard and has a long standing interest in administrative law. She has also been considered a potential candidate for the Supreme Court for years, and especially now since there is a democratic President in office. However, it stands to reason that beings Kagan is more conservative than Stevens, there is potential for party conflict because it would upset the balance of views currently on the Supreme Court.
Merrick B. Garland is currently a DC circuit judge, nominated by President Clinton to replace Abner J. Mikva. Garland’s Judicial Philosophy is moderate, more so than that of Justice Sevens, which could adversely affect his chances of nomination, or confirmation by the senate. However, Garland is still a strong potential nominee for the Supreme Court.
Sidney R. Thomas is currently a judge in the United States court of appeals for the ninth circuit, nominated by President Clinton. Thomas has “western roots,” a native of Montana he worked at a law firm in billings and was an adjunct law professor at a community college in Billings. Several sources hint that Thomas does not have any apparent liberal or conservative biases.
Of the three justices, there is no clear indication at this point as to which of the three (if it will be) is closer to the nomination. There are other diversity and religious issues that may swing the Obama administration to one candidate over the other. These issues will be discussed in later postings.



Sources Cited




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

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

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

http://www.mainjustice.com/2010/05/03/gibbs-wont-rule-out-supreme-court-nominee-this-week/

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

http://legaltimes.typepad.com/blt/2010/05/obama-nears-decision-on-supreme-court-nominee.html

http://www.foxnews.com/politics/2010/04/20/obama-holds-talks-supreme-court-candidates/

http://www.mainjustice.com/2010/05/03/kagan-garland-sit-down-with-obama/

http://www.democraticunderground.com/discuss/duboard.php?az=view_all&address=102x4338216

http://voices.washingtonpost.com/44/2010/04/merrick-garland-supreme-court.html

http://www.boston.com/news/nation/washington/articles/2010/04/13/source_judge_sidney_thomas_on_supreme_court_list/?page=2