Strengthening Constitutional Self-Government

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Supreme Court Speculation

Like the old E.F. Hutton commercial, when William Kristol talks, everybody listens. He prediceted that O’Connor would resign before Rehnquist but now backs off his prediction that Bush will appoint Alberto Gonzalez.

Here Kristol speculates on Bush’s upcoming nomination. Kristol believes that Laura Bush’s comments that she thinks it would be a good idea if her husband appoints a woman is a polite way of letting Gonzalez know that he is not going to get the nomination.

Kristol argues that today, unlike 1981 when O’Connor was appointed, that there is a deep bench of well-qualified female consitutionalists. Kristol writes: "For now, he just has to worry about the O’Connor vacancy. For that seat, President Bush would improve the Court by appointing any from a long list of well-qualified women. Among them are federal appellate judges like Edith Jones, Edith Brown Clement, and Priscilla Owen on the 5th U.S. Circuit Court of Appeals, Janice Rogers Brown on the D.C. Circuit, Karen Williams on the 4th Circuit, and Alice Batchelder on the 6th Circuit; distinguished law professors like Mary Anne Glendon, Learned Hand Professor of Law at Harvard, and Lillian R. BeVier, John S. Shannon Professor of Law at Virginia; and state court judges like the impressive Maura D. Corrigan, who served on the Michigan Court of Appeals from 1992 to 1998, and has been on the Michigan Supreme Court since then, including a stint as chief justice. And the list goes on." In a couple of weeks, we can check and see if Kristol’s sources are correct. I’m bettng that the appointment will be someone from Texas.

I share Kristol’s admiration of Maura Corrigan on the Michigan Supreme Court. The Michigan Supreme Court is the best in the country. With Corrigan, and Justices Steven Markman, Clifford Taylor and Bob Young, Michigan can count on four solid votes to uphold the U.S. and Michigan Constitution. It would be a disaster for Michigan if Corrigan were appointed to the U.S. Supreme Court, as that would give Governor Jennifer Granholm an appointment to the Michigan Supreme Court and the Constitutionalists would then be in the minority on the seven member Court.

Discussions - 1 Comment

The Sixth Circuit’s Alice Batchelder would be an excellent choice for the court. Her opinions are well-reasoned and display a strong commitment to the Constitution.

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