Question of the Next 24 Hours
By Erick Posted in The Courts — Comments (37) / Email this page » / Leave a comment »
Is this the next Justice of the United States Supreme Court or the next Joy Clement?

Judge Karen Williams of the 4th Circuit Court of Appeals.
« BREAKING: Supreme Court Rejects Challenge To Indiana Voter ID Law — Comments (21) | Surprising to Many
The Stealth Nominee — Comments (127) »
Question of the Next 24 Hours 37 Comments (0 topical, 37 editorial, 0 hidden) Post a comment »
What's all this I hear about Joy falling off of W's list, because she supposedly promoted herself as a candidate for the high court?
I forget where I read it, but I couldn't belive it.
We have one precedent for this administration's efforts to keep a nominee secret till they wanted to reveal it. In it, a name was leaked almost 24 hours ahead of time apparently to get everyone talking about her instead of zeroing in on Roberts.
If you're right and the announcement will come Monday, then Williams is most likely this turn's Clement.
do you think that this time Joy ends up being the nominee....?
I don't think you have to worry about GWB. He is much more like his mother than his father. We know she does not hesitate to say what she thinks. I'm sure her actions follow her principles as does the President's.
GWB will have a great pick.
so we can all fully obsess. But Erick, clearly you don't think it will be Luttig, despite the fabled TradeSports bounce. What makes you so sure? Or are you just toying with us?
At this point, I just want to know.
This is Judge Williams (as it says in the caption).
Will she be the next Roberts (the actual nominee) or the next Clement (the head fake), is what Erick is saying.
save Luttig for Stevens. the more i think about it, i want williams. its been my thought since i knew anythinga bout her. i think the american people will love her.
Jamice Rogers Brown. What a pick! Conservative, female, Black, great life story, great judicial record, Very well respected in California. In my view it doesn't get any better than that. I have been so disappointed in W and the republicans lack of gonads in the past year I hope they have been lulling me to sleep along with the Dems and will come out swinging.
on this point. And I think picking an obscure conservative like Williams sets back the anti-abortion cause. We all know that abortion is the issue keeping the President from nominating someone like Alito, Luttig, or Jones. But, by appointing someone who is a blank slate on this issue, it makes it seem like they find the anti-abortion position to be embarassing. That is a deep shame.
largley because the pro-lifers voted for him in key states like Ohio and Florida. People still care about this issue and we shouldn't be annoncing it, but I think pro-life is a winning issue for GOPers...
All the more reason to pick a strong pro-life judge, maybe you wont have enough votes to overturn roe yet, but you can fix the partial birth abortion problem for good.
"All the more reason to pick a strong pro-life judge, maybe you wont have enough votes to overturn roe yet, but you can fix the partial birth abortion problem for good."
They have both had the same number of rulings on abortion cases (NONE)
"All warfare is based on deception" -- Sun Tzu
You're not running from a fight just because you're smart enough to select a nominee who makes the other side sweat.
If Bush were to pick someone like Bork, then go out of town rather than stay and fight for his nominee, only to settle for a more moderate nominee later, that would show that he has no commitment to the right to life.
But by picking a pro-life conservative who makes it hard for the other side (and moderate Republicans) to justify their "no" vote, and even harder on those from the other side who vote "yes" now, only to see the "right" to abortion later eliminated, this is brilliant strategy, militarily, politically, or otherwise.
Saying that nominating a "steathier conservative" like Williams is somehow a sell-out to the pro-death crowd is like saying that Joe Montana should never "pump fake" a charging defender.
Bush will use this nomination to pay back those loyalists like me who flew into swing states on their own dollar, knocked on doors, and made phone calls to assure him of victory. And we loyalists love him for it.
Bush and his judicial selection team should nominate a conservative like Chief Justice John Roberts and nothing less. And I fully expent them to.
a lot of hopeful suppositions in what you say -- that someone who appears bland will be anti-abortion on the Court, that such a person will willingly embrace pro-life positions while on the Court, etc.
I hope that you're right, but I'm skeptical.
Luttig authored the opinion in Richmond Medical Center for Women v. Gilmore, which concerned a Virginia statute outlawing PBAs. Luttig upheld the state PBA ban, but subsequently applied Stenberg and overturned it. Basically the exact same thing Alito did.
But as to your more basic point, if you have read enough of Luttig's opinions, you know that he is really not very much of a blank slate at all.
To some method of case research, the citation for the Richmond Med. Ctr. case is 144 F.3d 326
The aforementioned decision, it occurs to me that it ought to be mandatory reading for anyone contemplating an abortion of any kind. Positively sickening. A diary/story will be forthcoming shortly.
Now, how's that for respect?! ;}
If it is intentional, it seems like a cruel thing to do to the pawn whose name they float out there. It is like a 10 year old kid teasing another child by offering a treat and pulling it away at the last moment. "Psyche! I'm giving it to this guy over here! I can't believe you fell for it!"
It doesn't hurt the democrat opposition or the media. They just drop the topic and start up with the new one. If this is (or was) a strategy can someone explain it?
...put me out of my misery tomorrow and make a nomination.
And hopefully it will be someone who will allow me to continue to support his presidency.
Janice Rogers Brown
Miguel Estrada
Edith Jones
J. Michael Luttig
Samuel Alito
Michael McConnell
I'm going to being ambivalent (although open to being persuaded) about other potential nominees, but...if it's not someone from that list, I will not be happy.
I'd also be happy with Viet Dinh, but at 37, I seriously doubt he will get the nod.
I searched a bit and can't find much about her views.
From what I can gather she sounds just like Roberts.
Create energy independence
he didn't so much uphold the PBA ban as rule that the plaintiffs had no standing to sue because their clinic did not practice partial-birth abortions and the statute could not be reasonably read to prohibit any procedures they actually provided. That's an entirely different question.
Now, I've heard a lot of wonderful things about Luttig, and this opinion shows his commitment to textualism in the face of a District judge blatantly misinterpreting a law he didn't like in order to strike it down. However, it says nothing about his position on [i]Roe v. Wade[/i] or anything similar. You simply won't find anything blatantly anti-Roe in a Circuit judge's opinion; the only example that comes into my mind is Edith Jones writing in an abortion case whose name I can't recall at the moment. Unfortunate as that is, I do think we can trust Luttig to come down on the side of Scalia and Thomas far more often than Ginsburg and Breyer.
funny...he campaigned as a pro-lifer...in 2002 for PA governor
Sojourner T v. Edwards, 974 F.2d 27 (5th Cir. 1992)
the Rovian mind control scheme. Dubya nominates Williams; she is confirmed by the Senate. She immediate shows a trend of judicial philosophy much like Scalia and Thomas. Ginsberg begins to lose her mind, resigns at conclusion of this SC term. Dubya nominates another solid conservative to court.
Rovian mind control guaranteed at least one more SC nominee.
Williams has been a judge for 13 years and has generally been at least as conservative as Luttig... that would make you ambivilant?
We're going to need a woman on SCOTUS to overturn Roe if you want to stop the Dems from spinning the evil GOP, white males hate women and only put evil men on SCOTUS.
JRB is DOA because she is easy to present as out of the mainstream.
Edith Jones has a big liability in her judicial past (the sleeping lawyer).
Estrada doesn't want the job.
So from your list that leaves white males.
You don't think there are any other qualified candidates?
Well, we will found out in about an hour and a half. :)
position for the GOP.
I don't think Bush gets hurt at all, if he nominates a soundly qualified judge whose position is a known on abortion-or at least mostly known.
I think the people who get hurt are the dems, if they play the delay an block/fillibuster game.
It's Miers.
Well, I'm gunna dance with the boy what brung me on this one.
Bush could have picked you and thrilled us all, but instead he picked Miers.

what do you mean the next Joy Clement? Do you mean like she's the next fake, so that we get distracted who the real nominee is?
I will bet that W picks Joy Clement because he wants a pro-life conservative who is not a lightning rod, which really rules out JRB, Alito, Garza...etc
Frankly I am up for a fight, but I think W is a wimp like his dad and is giving us an "obscure conservative"
Sorry if this sounds hateful, but my gut tells me W is trying to avoid a fight...and I want it!