Bench Memos

If It’s Not a Woman . . .

If Bush does not nominate a woman to replace O’Connor, but still wants to be sensitive to gender concerns (and he might, despite K-Lo’s urging otherwise), here’s an idea: Nominate Maureen Mahoney to replace Roberts on the D.C. Circuit. As regular readers know, she’s one individual who does not seem to be on the short list who, in my mind, should be.

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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