by Last Night in Little Rock

CNN just put out the following breaking news: "President Bush to nominate White House counsel Harriett Miers to replace retiring Supreme Court Justice Sandra Day O'Connor, CNN has learned." See the just posted articles at ABC News , the NY Times, and the Chicago Sun-Times.

by Last Night in Little Rock

The embattled Republican Party, suffering through the last month of missteps and outright screw-ups, is looking forward to the weeks ahead. According to an article in tomorrow's NY Times, Embattled Republicans Seek to Regain Control of Agenda, they collectively hope that the immediately forthcoming Supreme Court nomination and fall legislative agenda will bolster their poll numbers and image.

The Ameicican Constitution Society blog has names and profiles of potential Surpeme Court replacement nominees for Retiring Justice Sandra Day O'Cornnor.

I'm still going with: Harriet Miers, Conselo Callahan or Larry Thompson.

My hope is Ed Prado.

by Last Night in Little Rock

The Paleo-Cons have already started the media campaign for the next nominee to the Supreme Court. Tonight on CNN was an ad whining about Roberts' having to testify for 22 hours, and that the next nominee should get a "fair up or down vote."

For the first time in my lifetime, a member of the U.S. Supreme Court is younger than me, by seven years. The most senior member, not including late Chief Justice Rehnquist who served 33 years, is Justice Stevens, who, Roberts noted today hits the 30 year mark in December.

Is 22 hours of testimony too much to ask for a 30 year job commitment?

People for the American Way provides this list of consensus nominees for the replacement of retiring Justice Sandra Day O'Connor:

There are a number of distinguished judges first appointed to the federal bench by Republican presidents who would, like Sandra Day O’Connor, likely receive overwhelming bipartisan support to replace her. Among them are Ann Williams of the U.S. Court of Appeals for the 7th Circuit, Sonia Sotomayor of the 2nd Circuit, Jose Cabranes of the 2nd Circuit and Edward Prado of the 5th Circuit. President Bush would serve the country well by choosing a consensus nominee rather than an ideologue who would move the Court substantially to the right.

My pick: Ed Prado.

The AP reports that the White House is close to announcing President Bush's next nominee for Supreme Court Justice. It mentions two names: Former Deputy Attorney General Larry Thompson and White House Counsel and former Bush personal lawyer Harriet Miers.

I was on a blogger conference call a few hours ago with Sen. Harry Reid, and he said that he would like to see Ms. Miers get the nod. Sen. Reid also said that if Bush picks any of the 10 nominees the Democrats previously balked at, they will "go to the mat."

This is hard for me because I know both Larry Thompson and Harriet Miers personally - through legal organizations and boards we have been members of together. I know Larry Thompson much better than Harriet Miers, but I like and respect them both. As to Larry, I've previously written:

CNN reports that President Bush may announce his nominee to replace retiring Supreme Court Justice Sandra Day O'Connor on Friday - the day after the Senate votes to confirm John Roberts as Chief Justice.

Reading between the lines of what sources tell CNN:

• It will be a woman or a minority
• It will not be an extremist like Priscilla Owen, or Janice Rogers Brown or even conservative Edith Clement
• It could be former Deputy Attorney General Larry Thompson

I would add to the list of possible nominees: 9th Circuit Judge Consuelo Callahan. Like 5th Circuit Judge Ed Prado, she was put on the Court by Bush - and overwhelmingly supported by Democrats on the Judicary Committee.

Supreme Court Justice Ruth Bader Ginsberg spoke out today on the potential replacement for retiring Justice Sandra Day O'Connor. She said:

• She'd like to see a woman nominated but not any woman would do. She said it's important for the nominee to respect human and women's rights.
• She has a list of suitable women nominees, but President Bush hasn't asked her opinion
• With respect to Judge John Roberts' expression of doubt on consulting foreign law, she defended the practice and said,

"I will take enlightenment wherever I can get it," she said. "I don't want to stop at a national boundary."...When reminded that Roberts has indicated he disagrees with the practice of referring to foreign laws, Ginsburg said it appeared he "is a man who does listen and is willing to learn."

by TChris

Sen. Arlen Specter today advised the president to ask Justice O'Connor to stay on the Supreme Court for the coming term. He says O'Connor is willing to do so, but the president ... not so much.

He said Bush was noncommittal on his proposal that she stay on, but that his body language was not positive.

Whether the "body language" consisted of an upraised middle finger isn't revealed in the linked story.

by TChris

Conservative critics of the Supreme Court have derided its occasional citation of cases from foreign courts to make a point about the law of the United States. "Who cares what the rest of the world thinks?" they ask mockingly. "Our law is ours alone."

Law Prof. Ann Althouse points out in a NY Times op-ed piece that the dispute is much ado about nothing. Careful thinking can be guided by a variety of sources, not all of which are precedents from American courts:

by Last Night in Little Rock

As reported on Law.com in an article from AP, President Bush is meeting Wednesday with "key Senators," from both sides of the aisle, about Justice O'Connor's replacement.

by Last Night in Little Rock

NYC Mayor Micheal Bloomberg has become the first [noted] Republican to oppose the confirmation of John Roberts to the Supreme Court, primarily over the right to choose under Roe v. Wade, not that it matters. [More...]