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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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    :: Friday, May 01, 2009 ::
    Fox is out with a substantial and credible-looking list of possible Souter replacements.

    First, the obvious: Obama is not going to appoint someone who will make me happy, and one should avoid, for the sake of not looking like idiots, the kind of press-release bilge that the Nan Arons of the world routinely put out when a Republican president has a vacancy to fill, demanding a liberal nominee under color of "fairness," "constitutional values," or even -- don't laugh -- "balance on the Court," as if they wouldn't love nine Brennans if they could get them.

    That said, some names on the Fox list are more reasonable, and others more rebarbative, than others. Confining myself to this list, and postponing the details for later in the interest of making a timely statement (cf. Kennedy, Edward, 4th of July, 1987), here are the ones from the list that, it seems to me, would ignite World War III among Republican Senators and conservative groups. (I assume some of these are trial balloons. Consider me a needle.)

    Harold Koh

    Janet Napolitano

    Kathleen Sullivan

    Rosemary Barkett

    In a separate category are two state governors on the list: Deval Patrick of Massachusetts, and Jennifer Granholm of Michigan. Some will say state governors per se should not considered; I disagree. But there may be particular reasons why these candidates are risky choices. Patrick's popularity in-state has tanked, I hear, and for reasons. Granholm would mean yet another go-round of the "pro-abortion Catholic" controversy, which Obama may not mind, or may even desire; otoh he may be tired of it, coming after Biden, Notre Dame, and Sibelius.

    :: David M. Wagner 12:08 PM [+] ::

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