President Obama has begun informal conversations with possible nominees to replace retiring Supreme Court Justice John Paul Stevens, a source close to the selection process said Tuesday, the Washington Post reports. The source described the talks as "conversations rather than interviews" but added that more formal talks could commence in the coming days (Bacon, Washington Post, 4/21).
Obama is scheduled to meet today with Senate Majority Leader Harry Reid (D-Nev.), Senate Minority Leader Mitch McConnell (R-Ky.), Senate Judiciary Committee Chair Patrick Leahy (D-Vt.) and Judiciary Committee Ranking Member Jeff Sessions (R-Ala.) to discuss the pending nomination. Administration officials said Obama hopes the senators will provide advice about possible nominees and make recommendations about the confirmation process (AP/New York Times, 4/21).
Announcement Expected in Late May
A senior administration official said Obama "will take the opportunity to talk about timing," adding that the president expects the nominee to be confirmed before the Senate's August recess (Meckler, Wall Street Journal, 4/21).
The nomination will occur no later than May 26, though an administration official said Obama's selection could be unveiled "well before then," The Hill reports.
On May 26, 2009, Obama nominated Justice Sonia Sotomayor to fill the seat vacated by the retirement of Justice David Souter. Administration officials hope to replicate the timeline of Sotomayor's confirmation process to ensure that the new justice is confirmed before the August recess. Sotomayor's confirmation hearings began July 13, 2009, the Judiciary Committee voted on her nomination on July 28, 2009, and the full Senate confirmed her on August 6, 2009 (Youngman, The Hill, 4/20).
Sessions said the timing of the confirmation process will depend on the nominee, adding that an August vote is "doable" and that he "think[s] we should try to do that."
Administration officials anticipate a partisan fight regardless of Obama's selection. White House Chief of Staff Rahm Emanuel recently said on PBS' "Charlie Rose" that the White House expects a "huge battle" over the nominee.
Officials Describe Desired Credentials
Wednesday's meeting between Obama and Senate leaders comes as the administration launches a "broad outreach" to senators and outside groups with the goal of building support for the eventual nominee, the Wall Street Journal reports.
Officials said Obama seeks a justice who is young enough to serve a long term, who can become a leader on the court and whose opinions will be persuasive to other justices (Wall Street Journal, 4/21). Obama also has said that his nominee will have a record of dedication to the rule of law, as well as an understanding of how court decisions affect the lives of U.S. residents (AP/New York Times, 4/21).
Obama also will try to add diversity to the court either by selecting a woman, someone who did not attend Ivy League law school or who has not served as an appeals court judge, the Journal reports (Wall Street Journal, 4/21). All nine current justices served on appeals courts, and Stevens is the only sitting justice who did not attended an Ivy League law school.
Some Democrats, including Reid and Leahy, have suggested that Obama choose a nominee with experience outside of the federal judiciary, while other Democrats have said the president should select someone who will be a strong liberal counterforce to conservative Justice Antonin Scalia (Washington Post, 4/21).
The White House reportedly is considering 10 possible contenders for the seat (Wall Street Journal, 4/21). The list includes D.C. Circuit Court of Appeals Judge Merrick Garland, Michigan Gov. Jennifer Granholm (D), U.S. Solicitor General Elena Kagan, Harvard Law School Dean Martha Minow, U.S. Secretary of Homeland Security Janet Napolitano, former Georgia Chief Justice Leah Ward Sears, Ninth Circuit Court of Appeals Judge Sidney Thomas and Seventh Circuit Court of Appeals Judge Diane Wood (AP/New York Times, 4/21).
Keenan Discusses Importance of Vacancy to Abortion Rights
In an interview with Women's eNews, NARAL Pro-Choice America President Nancy Keenan discussed how Stevens' replacement on the court could affect abortion-related cases.
"In the past, Stevens has been able to attract the support of the court's swing vote -- [Justice] Anthony Kennedy -- so it is important that his successor have this ability, too," Keenan said. She added, "Our 600,000 supporters will be contacting their senators to make sure that Stevens' successor is a strong supporter" of Roe v. Wade.
"Although five other judges are currently on record as supporting the essential holding of Roe, the nature of that support is tenuous," she said, adding, "If Stevens is replaced by a less vigorous supporter of the right to choose, the balance would shift dramatically." Keenan noted that the three most recent abortion-related cases were decided by one-vote margins.
The antiabortion-rights group Americans United for Life recently predicted that a new Nebraska antiabortion law (LB 1103) could be the next major abortion case before the court, Women's eNews reports.
Keenan said issues related to abortion-coverage restriction in the health reform law (PL 111-148) also could reach the court eventually (Johnson, Women's e-News, 4/21).
Opinion Piece Criticizes Partisanship in Supreme Court Debates
In an American Prospect opinion piece, senior correspondent Paul Waldman writes, "At times like this, when the outcome [of a nomination battle] is not much in doubt, we should ask: Is there anything to be gained from the theatrical presentations we will soon be witnessing?" Waldman discusses the partisan debates over recent nominees, concluding that in the upcoming confirmation process, "We could ... have a lively and edifying debate about the role of the Supreme Court and the meaning of the Constitution in 21st century America. We could -- but we won't" (Waldman, American Prospect, 4/20).
Nomination of Kagan Could Be 'Awkward' for Specter
If Obama nominates Kagan, it could place Sen. Arlen Specter (D-Pa.) "in an awkward spot" ahead of a May Democratic primary against Rep. Joe Sestak (Pa.), CQ Today reports. According to CQ Today, because Specter opposed her nomination to be solicitor general, "a Kagan nomination could provide Sestak with fresh ammunition to question Specter's commitment to Democratic nominees."
In March 2009, one month before Specter switched political parties, he voted against confirming Kagan for solicitor general after he questioned if her "strongly held" views would harm her ability to argue before the Supreme Court. He also complained that she did not fully answer his questions (Stern, CQ Today, 4/20).
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