ChurchReport.com - A Supreme Court Vacancy Looming?

June 5, 2007
Church Report.com

According to ABC News, the White house is developing a short list of possible Supreme Court nominees so President Bush can move swiftly if a justice retires. The Court is scheduled to begin their summer recess at the end of June. The White House is not expecting a retirement, but it wants to be ready should a surprise retirement occur. It is has been speculated that the most likely for retirement are liberal-leaning justices John Paul Stevens and Ruth Bader Ginsburg, though neither has indicated that they plan to step down. It is, however, standard operating procedure for the White House to prepare an informal list of possible replacement candidates every spring in the case of a summer retirement announcement.
 
Jay Sekulow, Chief Counsel of the Washington DC-based America Center for Law and Justice said, In the past, its been customary for some Justices to announce their intentions to retire at the conclusion of a Supreme Court term. While there is simply no indication that any vacancy is likely anytime soon at the high court, the White House is prudent in preparing for such an announcement. The fact is that even if a retirement occurs before the end of President Bushs second term in office, the White House certainly will not be taken by surprise.
 
The President is said to be working from a list that includes women and minorities. With four conservatives, including the two justices that the President nominated, Chief Justice John Roberts and Justice Samuel Alito, should a vacancy on the court arise, the nomination and confirmation of a conservative could serve as that legacy moment that the Bush administration is seeking. Additionally, the choice of a solid conservative could help to quiet the bickering within the conservative base, brought upon by the recent immigration legislation that the administration supports, but that many grass-roots conservative groups oppose. With the addition of a new conservative vote, the Supreme Court could have a siginificant bend to the right on most issues.
 
Sekulow, pointing to the previous successful nominations of Chief Justice Roberts and Justice Alito, said, As far as potential nominees are concerned, we believe that the President would continue to put forth nominees whose judicial philosophy focus on interpreting the Constitution, not re-writing it and protecting the rule of law.
 
The Short List
 
Federal Appeals court judges Pricilla Owen and Janice Rogers Brown are both believed to be on the short list. Both were seen as being on the short list in 2005 for the replacement that ultimately went to Justice Samuel Alito. Each of these judges faced a grueling path to confirmation as appellate judges at the time, as both were tied up in Senate filibusters until a senate compromise lead by the Gang of 14 paved a way for their confirmations. While both could be construed as controversial, especially by the Democrat controlled Senate; now that each is on the federal bench it is widely believed they on the short list. Chicago-based federal judge, Diane Sykes, is also being considered. Less known and less controversial, she may be more easily confirmed, but compared to the other judges on the appellate court, she is less known by the administration. Another holdover from the 2005 list is New Orleans Federal Appeals Court Judge Edith Brown Clement. She is also known by the administration after being vetted prior to the selection of John Roberts. 
 
At a Glance
 
Pricilla Owen
Federal judge on the U.S. Court of Appeals 5th District
Previously a Justice on the Texas Supreme Court
Former partner in the Houston office of Andrews & Kurth L.L.P.
B.A. from Baylor University and Juris Doctor from Baylor University Law School
Board Member of the Houston and Austin chapters of the Federalist Society
Organizer of Family Law 2000
 
Janice Rogers Brown
Federal judge on the U.S Court of Appeals for the District of Columbia
Previously an associate justice on the California Supreme Court
Deputy legislative counsel for the Office of Legislative Counsel in California from 1977-1979
Served eight years as Deputy Attorney Genera; for the criminal and civil division of the California Attorney Generals Office.
Legal Affairs Secretary for Gov. Pete Wilson from 1991-1994
B.A. from Cal. State Sacramento, Juris Doctor from UCLA School of Law and an LL.M from the University of Virginia School of Law
Member of the Federalist Society
 
Diane Sykes
Federal judge on the U.S. Court of Appeals for the 7th Circuit
Former corporate lawyer for Whyte and Hirschboeck
Appointed trial judge on the Milwaukee County Circuit in 1992
Former Justice on the Wisconsin Supreme Court
Member of the Federalist Society
 
Edith Brown Clement
Federal judge on the U.S. Court of Appeals 5th District
Former Chief Judge of the U.S. District Court for the Eastern Distinct of Louisiana
B.A. from the University of Alabama, Juris Doctor from the Tulane Law School
Member of the Maritime Law Association and the Federalist Society  
 
In addition to this list of those previously considered the White House, it is reported that Federal District Judge Loretta Preska and Raoul Cantero are also being considered. Each of these candidates have Bush ties with Preska being nominated by George H.W. Bush and Cantero, from Florida, became the first Hispanic to serve on the state supreme court when Jeb Bush was governor.