Not Janice Rogers Brown

by Jonathan H. Adler

Feddie thinks the President will nominate Judge Janice Rogers Brown to replace Justice O’Connor. As Feddie notes, the politics of a Brown nomination might be very favorable for the President, and while it might be marginally easier to confirm Judge Brown than an equally outspoken conservative judge. Nonetheless, I am fairly certain his prediction is wrong for one simple reason: Judge Brown’s libertarian streak means she would not be particularly reliable on the issues this administration cares most about in considering potential Supreme Court nominees: Executive power and the war on terror.