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Bush May Announce Supreme Court Pick Friday

By Jeralyn, Section Supreme Court
Posted on Mon Sep 26, 2005 at 06:34:56 PM EST
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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.

Some Details:

  • Her background before being a judge was primarily in criminal law - as a prosecutor
  • She's a conservative Republican
  • She found the Pledge's "Under G-d" unconsitutional [note, I haven't been able to find a 9th circuit opinion confirming this.]
  • Non-liberal Diane Feinstein supports her here.

There are 93 9th Circuit appellate decisions on Lexis in which she participated. Skimming them, I've seen some favorable habeas rulings and a favorable Miranda and Sec. 1983 civil rights ruling - and some adverse immigration rulings.

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    Bush May Announce Supreme Court Pick Friday | 11 comments (11 topical)
    Re: Bush May Announce Supreme Court Pick Friday (none / 0) (#1)
    by Talkleft Visitor on Sat Dec 17, 2005 at 01:04:20 PM EST
    Not going to be an extremist? I'm not holding my breath. Just a feeling, I think this one's going to be a big bone thrown to the religious whackos. W's a lame duck at this point anyway, why shouldn't he go for broke and nominate an extremist like Priscilla Owen? I hope I'm wrong.

    Re: Bush May Announce Supreme Court Pick Friday (none / 0) (#2)
    by Talkleft Visitor on Sat Dec 17, 2005 at 01:04:20 PM EST
    JM: At the risk of sounding like an "eggheaded lawyer" Callahan voted not to rehear Newdow en banc in this order, 328 F.3d 466. All the judges of the Ninth Circuit had a chance to vote to rehear en banc. Callahan voted not to rehear en banc, or at least not disssent from the denial of rehearing.

    Re: Bush May Announce Supreme Court Pick Friday (none / 0) (#3)
    by Talkleft Visitor on Sat Dec 17, 2005 at 01:04:20 PM EST
    I agree w/ Larry. The Monkey Boy's got nothing to lose AND everything to gain by standing firm and making his base go into a fit of orgiastic glee. C'mon now, THINK about it: every friggin time I turn around I hear some Dem virtually promising that they won't force a showdown w/ Monkey Boy after they basically did JUST THAT with the threat of a filibuster. Bush has got the numbers and all he needs is the balls to take on the Dems and call their sad bluff. My bets are on a WHITE WOMAN of the lunatic fringe. After all, Bush is a lame duck; why not get nice and bloody and go out with a bang!? I think the Dems are going to take a mother of a pounding in Round Two.

    Re: Bush May Announce Supreme Court Pick Friday (none / 0) (#4)
    by Talkleft Visitor on Sat Dec 17, 2005 at 01:04:20 PM EST
    Thanks, All Writ.

    Re: Bush May Announce Supreme Court Pick Friday (none / 0) (#6)
    by Talkleft Visitor on Sat Dec 17, 2005 at 01:04:21 PM EST
    Can I just say that I hope like hell that it's Consuelo Callahan? I have no idea what her "guiding judicial philosopy" is, but I love that name. Is there a more ideal example of the American melting pot than that? It's even better than Soledad O'Brien or, God help us, Carlos O'Kelly's.

    Re: Bush May Announce Supreme Court Pick Friday (none / 0) (#7)
    by Talkleft Visitor on Sat Dec 17, 2005 at 01:04:21 PM EST
    Just to clarify ... Callahan hs not ruled the pledge unconstitutional. The text in the link provided actually reads: "A new name has emerged on the longer list of candidates -- Judge Consuelo M. Callahan of the Ninth Circuit, the liberal San Francisco court, one of whose judges recently ruled that the phrase "under God" in the Pledge of Allegiance violates the Constitution." ONE OF WHOSE JUDGES. One of the judges undre the 9th Circuit umbrella. Not Callahan.

    Re: Bush May Announce Supreme Court Pick Friday (none / 0) (#8)
    by desertswine on Sat Dec 17, 2005 at 01:04:22 PM EST
    I would nominate the Klingon lawyer, Gorkon.
    Human lawyers are intimidated by the powerful presence of the Klingons. The advantage is useful for the armed defenders of justice, who carry batleths more often than briefcases. "Our only real enemies are the weak cowards of the legal system," added Gorkon. "Our weapons are those of legal precedent. Let those who oppose us shudder in fear. May you be worthy of our council."
    Re: Bush May Announce Supreme Court Pick Friday (none / 0) (#9)
    by Talkleft Visitor on Sat Dec 17, 2005 at 01:04:22 PM EST
    Kaplah!

    Re: Bush May Announce Supreme Court Pick Friday (none / 0) (#10)
    by Talkleft Visitor on Sat Dec 17, 2005 at 01:04:23 PM EST
    Owenz: EXCELLENT analysis, man! And while I agree with most of it, I have long suspected Bush to be the Republican version of George Costanza: pick the obvious course of action and then do exactly the opposite. Hey, it works on TV!

    Re: Bush May Announce Supreme Court Pick Friday (none / 0) (#11)
    by Talkleft Visitor on Sat Dec 17, 2005 at 01:04:23 PM EST
    To 484572: Thanks, you are correct, I misinterpreted the link and that explains why I couldn't confirm it on Lexis.

    Re: Bush May Announce Supreme Court Pick Friday (none / 0) (#12)
    by Talkleft Visitor on Sat Dec 17, 2005 at 01:04:29 PM EST
    With all due respect to All Writs and 484572, I don't believe Judge Callahan was on the court when Newdow came before it. Lets get our facts together shall we?

    Bush May Announce Supreme Court Pick Friday | 11 comments (11 topical)