The Corner

Is Today the Day?

SCOTUS watch, from the New York Times

The president has narrowed his list to four, according to people close to the White House — two federal appeals judges, Sonia Sotomayor of New York and Diane P. Wood of Chicago, and two members of his administration, Solicitor General Elena Kagan and Homeland Security Secretary Janet Napolitano.

While it is possible Mr. Obama has a surprise in the works, those on this list are cut from molds similar to those of the two Clinton appointees, Justices Ruth Bader Ginsburg and Stephen G. Breyer. They are liberal on most issues that divide the court — and surely too liberal for many Republican senators — but have not been the outspoken leaders of the legal left that advocates crave.

“He’s not going to go in that direction,” said Bernard W. Nussbaum, who was Mr. Clinton’s first White House counsel and oversaw Justice Ginsburg’s appointment. “I don’t think that he’s worried about the left. I think he’s doing the same thing we did.”

The Prop 8 decision comes down today in California. I wouldn’t be surprised if he waits at least a day. For one thing, he can use his nominee to, ironically, try to change the subject so he doesn’t have to talk about Prop 8 and one of the last issues he wants to discuss (see Donald Trump for details). 

I have Jennifer Granholm on my list of possible nominees. Although Michigan is way too anxious to get rid of her: 

LANSING, Mich. – A new poll finds that 51 percent of registered voters in Michigan favor Gov. Jennifer Granholm as a potential pick by President Barack Obama for a U.S. Supreme Court justice. 

The EPIC/MRA poll, conducted May 18 to Thursday for The Detroit News and WXYZ-TV, found that 44 percent opposed such a move. 

Lansing-based EPIC/MRA surveyed 600 registered voters. The poll had a margin of sampling error of plus or minus 4 percentage points. 

The poll found 61 percent gave the Democratic governor a negative job rating, while 38 percent gave her a favorable rating. 


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