Obama's Law: The Future of The Supreme Court -- here"s the full story on Scoop44.
The President's Supreme Court Short List: Merrick Garland, Elena Kagan, Pamela Karlan, Harold Koh, Deval Patrick, Sonia Sotomayor, Kathleen Sullivan, Cass Sunstein, David Tatel, Kim Wardlaw, Diane Wood -- Woman Nominee A Near Certainty, According to Most SC and Obama Followers
SCOOP44 asked the nation's foremost legal scholars: Based on the initial appointments of Eric Holder as Attorney General, Elena Kagan as Solicitor General, and Cass Sunstein as Director of Information and Regulatory Affairs, the White House's current political posture, and the President's own constitutional law:
(1) What specific reversals of legal policy do you anticipate from the Bush years, (2) What new policies will be implemented swiftly, and (3) What signal is the President sending about potential Supreme Court nominees he would consider?
Interviews with Harvard's Tribe and Tushnet, NYU's Revesz, Yale's Greenhouse and Carter, UVA's White, American's Wermiel, Pepperdine's Kmiec, Georgetown's Lazarus and Barnett, Indiana's Hoffmann, Attorneys Millett and Casey, Chapman's Eastman, and Texas's Powe.
Tribe: 'A cautious and pragmatic course' to change recent constitutional law
(Lawrence Tribe, Professor at Harvard Law School)
Revesz: 'Top-flight legal talent' expected with many good options
(Richard Revesz, Dean of NYU Law School)
Greenhouse: Quick movement on legal doctrine reversals: 'regulatory agencies that really regulate'
(Linda Greenhouse, Lecturer at Yale Law School, Former NYT Supreme Court Correspondent)
White: Kagan and Sunstein picks are possible stepping-stones for judgeships, 'Obama most knowledgeable president about the Court since Nixon'
(G. Edward White, Professor at University of Virginia Law School)
Wermiel: Measured change in affirmative action, civil rights enforcement, immigration prosecutions, national security powers, federalism case / Likely SC appointments would be 'moderate progressive justices - more like Breyer and Ginsburg than like Brennan and Marshall'
(Steve Wermiel, Associate Director of Marshall-Brennan Constitutional Literacy Project at American University College of Law)
Kmiec: Obama DOJ more concerned with 'professional ethic' than political polarization / 'Legal rethinking' could affect executive privilege, state secrets, future dismissal of US Attorneys.
(Douglas W. Kmiec, Professor at Pepperdine University School of Law)
Lazarus: Holder, Kagan, and Sunstein are 'three very different people' / Anticipates 'less profound shift' in 'theoretical reach' of executive authority
(Richard Lazarus, Professor at Georgetown Law)
Tushnet: Actions 'likely to be driven by larger political considerations'
(Mark Tushnet, Professor at Harvard Law School)
Barnett: 'Less reluctant to appoint an academic'
(Randy Barnett, Professor at Georgetown Law)
Hoffmann: Illinois collaborative work suggests Obama's 'exceptional' legal acumen / Already new rules 'to protect labor movement' / One 'powerful intellect': Pamela Karlan, Stanford Law Professor and Director of SC Litigation
(Joseph Hoffmann, Professor of Law at Indiana University's Maurer School of Law)
Millett: 'Massive amount of new legislation' to revive economy is opportunity for regulation
(Patricia Millett, Partner at Akin Gump Strauss Hauer & Feld, LLP)
Carter: A few big changes and 'quibbling over details'
(Stephen Carter, Professor at Yale Law School)
Casey: SC appointments are like 'speculating on who will win the Oscar for best picture...only the Academy knows'
(Lee Casey, Partner at Baker Hostetler)
Eastman: Bets on part-Hispanic Clinton appointee Kim Wardlaw
(John C. Eastman, Dean of Chapman University School of Law)
Powe: Obama pressed to appoint a woman / confidence in outsider appointment familiar with understanding of 'the country and how things work'
(Lucas Powe, Law Chair at the University of Texas)