Bench Memos

Is Harriet Better than Connie?

As upset as conservatives are with the nomination of Harriet Miers, it appears it was almost worse. According to this Novak column, Bush was leaning toward nominating Judge Consuelo “Connie” Callahan to replace Justice O’Connor.

President Bush had advised senators that his probable choice for the Supreme Court was federal Circuit Judge Consuelo Callahan of California. Bush touted Callahan’s diversity as a Hispanic woman, but she is liberal enough to be recommended for the high court by Democratic Sen. Charles Schumer.

Whatever Miers’ approach to constitutional interpretation, there is reason to believe Callahan would have been worse. Novak also notes that Ed Gillespie thought he was done selling the President’s court picks once Roberts was confirmed, but then Bush requested the Roberts team to stay on for the Miers nomination.

Jonathan H. Adler — Jonathan H. Adler teaches courses in environmental, administrative, and constitutional law at the Case Western Reserve University School of Law.

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