Supreme Court: Who Next?

As I alluded to in my previous post, regardless of the next President's political affiliation (save for the slim possibility of a Bloomberg victory), he or she will face a nasty fight to confirm any Supreme Court nominee. This is almost purely the product of abominable Democratic opposition to Supreme Court nominees in the past (Bork, anyone?); it's enlightening to compare the confirmation votes for, say Ginsburg, compared to say, Alito (the former passed almost without opposition, the latter was nearly party-line).

But who will the next nominee be? Tom Goldstein over at SCOTUSblog has given it some consideration; he's come up with two very worthwhile posts (original and follow-up) on potential Democratic picks, and one on those a Republican might tap. Especially noteworthy in the first of the three is his explanation of the logic underlying any nominee. Much of this isn't new, but making age a serious consideration is; no doubt this partially informed the relatively youthful nominations of Alito and Roberts (and serves to support Goldstein's suggestion that Republicans understand and take more seriously the importance of judicial nominees). As the time between vacancies increases, no doubt everyone will be looking to get more miles out of their picks. But take time to read the bios and the comments if you're interested in this stuff, Sb attracts a well-informed crowd of readers and so their reactions have some credibility.

For better or worse, Goldstein also notes that many of the brightest minds (often in the academe) haven't got a shot of nomination because of their superhighway-wide paper trails. In this category I'd add Erwin Chemerinsky who Clinton briefly considered for the 9th Circuit but who Republicans warned would be DOA (and to be DOA for that crazy court is saying something!), but whose views are too well-known and too controversial for appointment.

Oh, and if Democrats truly don't understand the importance of judicial nominees, they will if a Republican wins next year. Some scenarios posited by readers have the Republican president getting as many as three picks. Needless to say that might restore a measure of judicial sanity!