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September 30, 2005



The problem is, to get onto the Supreme Court, they have to get through the Senate Judiciary Committee meat grinder without once snapping and going nuclear on one of the Senators asking questions:

"My God, man - have you actually read the Constitution? Huh? Jeez, what kind of dumbass question is that? Huh? You want me to rule against Hurricaine Katrina or something dumbass? See, I'm not sure if five-hundred-mile-wide tropical storms are capable of being litigators in an Article III court, do you understand? If this is supposed to be a job interview, how come the interviewer doesn't seem to have a freakin' clue what the job opening is that he's interviewing me for! You get that I'm not here to be director of FEMA, right? Quit asking me dumb questions, get a grip, and quit making up moronic and utterly meaningless soundbites like 'super-duper-wooper precedents'. If I sound condescending, it's because you're too dang stupid to understand the answer."

Personally, I think Bush should nominate Foamy the Squirrel - just to clear the way. Then, once the Judiciary Committee are picking the tattered remains of their dignity from the floor, withdraw his name and appoint Robert Bork using the recess power. It's maybe not great politics, and certainly not good jurisprudence, but it's sure as anything to be good copy.

Hispanic Clerk

With respect to Mr. Estrada, I think you have to consider the fact that his wife died tragically during the pendency of his DC Circuit nomination. He is a poor soul that the Senate Democrats absolutely railroaded, and I can't blame him for not wanting to go through the process again.

With respect to Judge Owen, she is a thorougly Texas lady. Ultimately, I don't think the idea of Washington bullshit appealed to her-not unlike Justice Souter.

On Mahoney, I think your comment that not wanting to be on a circuit court does not mean she wouldn't want to be on the SCOTUS is apt. After all, she gets to appear regularly in the high court. For some, the appeal of advocacy in the SCOTUS is greater than sitting as a circuit judge to hear the deluge of appeals following SCOTUS remands, ala Booker. See generally, Eugene Gerhardt, AMERICA'S ADVOCATE (discussing Justice Robert Jackson's love of advocacy).

1L Hell

I think you have to consider the likely apocalyptic confirmation battle any nominee would have to face. The thought of being Borked doesn't appeal to anyone, I'm sure. While the sheer number of Republicans would seem to favor confirmation of virtually any choice Bush is likely to make, the prospect of being forever remembered as the person whose nomination triggered the nuclear option probably isn't all that appealing to some of these names either.


I agree with that sentiment re: Owen, but Mahoney, as I recall the story being told me, was approached and asked whether she wanted a COA gig. I also remember being told that one of the reasons that she rejected it was that the court was not going to be DC or 4th, but that was 5th hand rumor. Note that GHWB nominated her to the EDVA way back when, and she would have taken that spot if she had been confirmed. Of course, that was pre-Grutter.

we wub A3G

it's not that they don't want it, they know they're not getting it so they're saying they don't want it in order to not look like losers.

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