Bench Memos

The Growing Short-List

There are some potential Supreme Court nominees that appear on nearly every iteration of the “short list”: Judges Michael Luttig, J. Harvie Wilkinson, Samuel Alito, Michael McConnell, Edith Jones, Janice Rogers Brown, and Priscilla Owen, as well as Attorney General Alberto Gonzales, and former Justice official Larry Thompson. Judge Edith Brown Clement is rarely mentioned any more, but recent additions include Judges Karen Williams and Alice Batchelder. Some other names keep popping up, like Michigan Supreme Court Justice Maura Corrigan and Miguel Estrada. This story adds White House counsel Harriet Miers to the mix. And at ConfirmThem.com there’s a boomlet for Florida Supreme Court Justice Raoul Cantero. For what it’s worth — i.e. not much — I believe the nominee will be either Owen, Luttig, Williams, or Gonzales. Cantero’s an interesting dark horse candidate as well. He’s a conservative, pro-life Cuban-American. He has strong academic credentials (Harvard Law School, Fulbright Scholar) and solid political credentials (he was appointed by Jeb). He also seems a “fitting” replacement for O’Connor — insofar as such things matter — because she was also tapped for the Supreme Court off a state bench.

Jonathan H. Adler is the Johan Verheij Memorial Professor of Law at Case Western Reserve University School of Law. His books include Business and the Roberts Court and Marijuana Federalism: Uncle Sam and Mary Jane.
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