"They Coulda Been Contenders": Supreme Court Also-Rans

Given the torrent of news media and blogosphere coverage of Judge John G. Roberts, Jr. -- which is both a blessing and a curse, since it's getting impossible to keep up -- one could scarcely be blamed for thinking that judicial hottie Roberts is the only member of the federal judiciary. But we mustn't forget that there are over 1,000 other stars in the federal judicial firmament. Article III Groupie couldn't make the point better than this reader did:

Amidst the flood of Roberts bio pieces and liberal circumlocutions, we needn't lose sight of the rest of your "federal judicial celebrities," especially those who were this close to an invite to join The Supremes. Specifically, who were the five prospects who made the final round and received a job interview at La Casa Blanca? I think it's safe to assume that [Edith Brown] Clement belonged to that bunch, and that [Alberto] Gonzales didn't (since Bush said he didn't need to interview those candidates he already knew). Also, who was in the initial crop of 11 candidates who Bush reviewed during his Euro Trip?

Once Roberts is confirmed -- perhaps even before -- legal reporters and parlor games will turn to the Next Nominee, and it would seem that these two select clubs offer our best clues, at least for now. I haven't seen any writing or blogging on this topic -- can you deliver the goods? That's what we pay you the big bucks for, right?

Actually, that's what we pay New York Times writers the big bucks for! Before A3G could issue a UTR discovery request to her readership seeking the requested information, the Times published this delicious article about President Bush's interview process for SCOTUS candidates.

Here are some of the juiciest bits from the Times piece:

1. According to "Republicans close to the administration," last week President Bush interviewed four candidates in addition to Judge Roberts: Judge J. Harvie Wilkinson (4th Cir.), UTR's Aging Divo; Judge J. Michael Luttig (4th Cir.), UTR's #1 Feeder Judge; Judge Edith H. Jones (5th Cir.), UTR's Horsewoman of the Right-Wing Apocalypse; and Judge Edith "Happy Happy Joy Joy" Clement (5th Cir.).

Judge Jones is no stranger to being passed over for the Supreme Court. She was also interviewed back in 1990 by Bush pere, who considered her for the SCOTUS spot that eventually went to Justice David H. Souter.

In her comparison of the Supreme Court nomination process to last year's Best Actress race at the Oscars, Article 3 Groupie dubbed Judge Luttig "the Young Frontrunner." But in the end, Judge Luttig was upset by Judge Roberts, much to A3G's amusement (click here, and scroll down to footnote **).

There are some notable names missing from the interviewees, including two other brilliant, conservative white males: Judge Samuel A. Alito, Jr. (3d Cir.) and Judge Michael W. McConnell (10th Cir.). Also not interviewed were two recently confirmed female judges, Judge Priscilla R. Owen (5th Cir.) and Judge Janice Rogers Brown (D.C. Cir.). (With respect to Judge Owen and Judge Brown, however, it could be the case that President Bush felt he already knew them, having hosted them at the White House during their protracted nomination battles.)

2. In his interview with Judge Wilkinson, President Bush expressed concern over the health of the Aging Divo:

When President Bush sat down in the White House residence last Thursday to interview a potential Supreme Court nominee, Judge J. Harvie Wilkinson III of the United States Court of Appeals for the Fourth Circuit, he asked him about the hardest decision he had ever made - and also how much he exercised.

"Well, I told him I ran three and a half miles a day," Judge Wilkinson recalled in a telephone interview on Wednesday. "And I said my doctor recommends a lot of cross-training, but I said I didn't want to do the elliptical and the bike and the treadmill." The president, Judge Wilkinson said, "took umbrage at that," and told his potential nominee that he should do the cross-training his doctor suggested.

"He thought I was well on my way to busting my knees," said Judge Wilkinson, 60. "He warned me of impending doom."

Judge Wilkinson has been gushingly described by Allison Orr, one of his former clerks, as "very lovable." But apparently he wasn't lovable enough to secure a Supreme Court nomination...

3. The article notes that Justice O'Connor -- who used to live in Chevy Chase, where Judge Roberts now resides -- had praise for her former neighbor, describing him as "good in every way, except he's not a woman." (Thanks, Justice O'Connor, for that brilliant insight...)

4. Finally, here's some information about the timing of the President's decision: "Mr. Bush made up his mind only hours before he called Judge Roberts on Tuesday at 12:35 p.m. to offer him the job. He told only a handful of people before he picked up the phone, an administration official said, and asked them to tell no one else. Only after the call was made did Mr. Bush inform the other senior members of the White House staff."

Great stuff! And be sure to check out this long and detailed profile of Judge Roberts from the Times, which provides a lot of insight into the man beneath the robe.

Comments

[Simon]

I don't agree with "Reader", in that the implication is that diversity is somehow relevant to the interpretation of the law. Does a lack of testosterone - or an surplus of melanin - substantially change the meaning of the US Code?

[Reader]

Well, Justice O'Connor's insight was a very worthwhile one to make. It's simply shameful that the President selected yet another white male to the ol' boys club. 2 out of 9 was already less than stellar -- going retrograde on diversity in 2005 is just disgraceful.

[anon]

Great blog. One quarrel with this post, if readers simply follow your link to the "long and detailed profile", they'll miss the great slide show of photos from Roberts's school days. I'd suggest this (http://www.nytimes.com/2005/07/21/politics/21nominee.html)
url instead, the slide show is midway down the left side of the page (but I'm sure you've already seen it).