Bench Memos


I’ve now heard from several independent sources that the White House could leak word that a decision has been made around midday, with an official announcement of the nominee at around 4pm today. I’m highly skeptical of this rumor – and I think it would be quite unwise for the administration to follow this course. First, it has the feel of a rush decision. Second, Friday afternoon is the worst time to make a “positive” announcement. The President should introduce his new nominee when it is certain to capture a weekday news cycle and the administration can set the tone for the discussion. Third, it would be extremely short-sighted for the administration to time its announcement based on outside considerations (e.g. bad news on Iraq, Delay, Judith Miller, etc.).

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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