Bench Memos

Justice Owen?

Robert Novak reports that President Bush met with Priscilla Owen last week. While she’s only been on the federal appellate bench for a few months, she already has more federal appellate experience than Justice Souter did when he was nominated to the High Court. Priscilla Owen should not have been a controversial nominee to the Fifth Circuit, but she was filibustered by Senate Democrats. Many believe it was because (like Estrada and Brown) she was seen as potential Supreme Court material. If Bush taps her, it will confirm those fears–and prompt a real confirmation fight.

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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