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:: A constitutional law blog by Scalia/Thomas fan David M. Wagner, M.A., J.D., Research Fellow, National Legal Foundation, and Teacher, Veritas Preparatory Academy. Opinions expressed here are those of the author and do not reflect those of the NLF or Veritas. :: bloghome | E-mail me ::

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    :: Tuesday, September 27, 2005 ::
    "All walks of life"

    You read it here yesterday. CNN now says:
    As for minority candidates, Bush advisers are not ruling out former Deputy Attorney General Larry Thompson as one of the names on the short list.
    But there's more than that to the story. We also read:
    The officials also said the White House is mindful of the fact that Democrats have suggested they would filibuster female candidates Priscilla Owen and Janice Rodgers Brown.
    Plus, CNN also says Edith Jones is out. That the President is cowering before filibuster threats when there are 55 Republican Senators is very disheartening. However, there's still more, and it's interesting:
    Bush earlier in the day hinted he was leaning toward a woman or minority candidate.

    "I am mindful that diversity is one of the strengths of the country," he said. "I have interviewed people in the past and thought about people from all walks of life."
    This has been widely taken to mean that the finalists consist exclusively of women and minorities, which would be fine if the best female and minority candidates weren't being disqualified because of excessive harmony with the President's stated views.

    But a closer look at what Bush said about "diversity" shows that he was considering not (or not only) sex and race diversity, but also diversity of "walks of life." If that means anything, its most natural meaning is that he's considering some people who aren't appellate judges or present or former high DOJ officials.

    Law professors? Practicing attorneys?

    Last time, before Roberts was announced on July 20, this thinking brought Harvard's beloved Mary Ann Glendon into the range of speculation. I humbly suggest that she is indeed being considered. Granted, I've about had it up to here with Harvard nominees, but there's no question Glendon has the kind of gold-plated resume and smoothness under fire that served Roberts so well.

    And practicing attorneys? Well, at the risk of perpetuating the Harvard motif, today's featured mentionee on ConfirmThem is Miguel Estrada!

    SENATE: But he has no judicial experience!
    PRESIDENT: Well who the heck's fault is that?
    SENATE: Yours, because you didn't turn over every memo he ever wrote in his entire life.
    PRESIDENT: Well I didn't do that on Roberts either so eat my shorts.

    One can dream.

    :: David M. Wagner 10:00 AM [+] ::

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