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Bench Memos

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Viewing Clement from the Left



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Additional analyses of Judge Clement’s record at ACSBLog and NathanNewman.org. Meanwhile, Jack Balkin thinks nominating Clement would be a “shrewd political move” by the President.

re: AP SAYS



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Doesn’t the president know some of us have lives (really!)? 9 pm. Isn’t that his bedtime anyway?

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AP SAYS



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Announcement tonight at 9 p.m.

Would They Bother Telling Bill Frist?



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Fox:

FOX News has learned that Clement has been interviewed by Vice President Dick Cheney, a possible sign that she is the choice for the high court.

Asked whether he expected an announcement, Senate Majority Leader Bill Frist, R-Tenn., said Tuesday, “I don’t know, but I don’t think so.”

White House press secretary Scott McClellan would say only: “The president is closer today than he was yesterday on naming a nominee,”

RE: Clement



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As I feared, a thin record. I am sure she will be opposed by the lib-kooks, but so will anyone else.

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Today



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What the Washington Post is reporting as of 12:15: “The White House has told allies to be prepared for a Supreme Court nomination as early as this afternoon.”

Nan Aron’s Wishes



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Nan Aron is currently quoted on the Alliance for Justice website urging President Bush to appoint “someone like Justice O’Connor” to the Supreme Court — remember, that’s the Justice O’Connor who joined the majority in Lopez, Morrison, Seminole Tribe, and Garrett, who supports the constitutionality of school vouchers, who dissented in Kelo and Raich, who was not particularly friendly to criminal defendants or tort plaintiffs, who opposed the use of numerical quotas in college admissions, and who (despite her pro- Roe holdings) voted to uphold quite a few restricitons on abortion that Aron opposes. Will Aron continue to sing that tune if Bush nominates Clement?

Asked About Edith Clement



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he avoids the issue.

He’s in a good mood, though, even giving a reported who asks about Rove a chance to ask a question worth being asked.

Bush on SCOTUS



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As a press conference with John Howard right now, the president’s first question was about the SCOTUS spot and whether or not he wants to appoint a woman. He didn’t say much: “I have thought about a variety of people…” He did say that he will nominate someone “who won’t legislate from the bench.”

“I’ll let you know when I’m ready to tell you who it is.” But where is he in the process? He is “comfortable” about where they are in the choosing “process. “

More Joy



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Many Democrats said they want a justice “just like” Sandra Day O’Connor. Well, this critique from People for the American Way suggests Clement is precisely that. These decisions suggest Clement is a) suspicious of expansive assertions of federal regulatory authority, and b) skeptical of high tort claims — both of which were true of Justice O’Connor as well. Indeed, O’Connor was among the most pro-federalism and anti-tort lawyer Justices on the Court.

DKos on Clement



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The dKosopedia entry on Joy is here.

Re: Joy?



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Here’s the background material the DoJ put together for her nomination to the Fifth Circuit. And here is her SCOTUSBlog profile.

RE: RE: Clement



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There is some comfort to be taken in seeing her name on a People for the American Way “Confirmed Judges Confirm Our Worst Fears” list.

RE: Clement



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Does anyone actually have some useful information — or can point to useful places that have useful information — on Edith Clement’s judicial philosophy and/or key cases? I must admit, if she’s the nominee, so far as I can tell her record is rather thin.

The Solid SCOTUS Commentary You Came Here For



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An e-mail:

What a great name: “joy” and “clement”. Or should we conservatives be worried that “clement” means “inclined to be merciful, lenient”?

I Do Love



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That Mary Ann Glendon makes the WashPost chick buzz list in that Clement piece.

The Clement Buzz



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Here’s the Washington Post’s latest.

If I Were A Betting Woman?



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The Left’s Answer...



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…to Bench Memos? Brought to you by the Center for American Progress, John Podesta’s outfit.

Joy?



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Is it Edith Brown “Joy” Clement to replace O’Connor, as K-Lo mentions she’s been hearing? I’ve been telling folks she was the most likely choice for the past ten days or so (once it started to become clear Gonzales wouldn’t get the nod), and now the Redstate.org rumor mill is in full force behind her, too. This would be a wise choice. Clement is conservative, has substantial experience, would broaden the geographic diversity of the Court (which currently contains no Southerners), and has little in her record that can justify the inevitable screams and hollers from liberal activist groups.

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