Bench Memos

TODAY???

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 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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