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My Supreme Court Picks

By Neil Stevens (#1) at 08:39 AM PDT on Thursday, July 07, 2005

Now to take my mind off terrorism for a bit. To constantly think about it would not be helpful. So, here are my Supreme Court picks, made in light of President Bush's campaign promises, the needs of the country, and the President's predilection for playing identity politics.

To fill Associate Justice O'Connor's seat: Janice Rogers Brown. She's a 'minority' woman who was recently approved by the Senate. She hates what the court has done in the last 70 years. Putting her on the court would meet the three criteria above, plus I find her views emotionally satisfying, so she'd be the perfect start.

If the Chief Justice retires as expected: Emilio Garza. As a lower court judge, he has been deferential to the legislatures and the higher courts, even when doing so went against his personal views. Just perfect, especially when you consider that his name meets the President's identity politics preferences.

If one of Justices Stevens or Ginsburg retires: John G. Roberts. He's inclined to restrict the power of the Commerce Clause, but respects the legislature when they do something that offends him. For a third judge, I hope President Bush can bend on his identity politics strategy, especially after appointing a Chief Justice that way.

In evaluating these and other candidates, I used the profiles (particuarly the notable opinions) on The Supreme Court Nomination Blog's Potential Nominee Profile pages. I looked for good examples of judges refraining to be activists, but still showing an inclination to buck the activism of recent decades. I passed over John Cornyn and Michael McConnell, two candidates spoken highly of by conservatives on the internet because the lists of cases didn't stand out to me. That may be more a failing of my source than the candidates, but I don't want to pick a Souter.

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