Legalities
Life, Politics and the Law From ABC News Correspondent Jan Crawford Greenburg
Jan Crawford Greenburg is a correspondent for ABC News' bureau in Washington DC. She covers politics, the Supreme Court and provides legal analysis for ABC News. She is a graduate of the University of Chicago's law school and is a member of the New York bar.
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A Stealth Nominee?
May 12, 2009 5:17 PM
White House Press Secretary Robert Gibbs revealed a little more than usual today when asked about the process for selecting a Supreme Court nominee. He was asked a relatively innocuous question about whether the White House will be able to keep the selection process private, as the Obama campaign did with its vice presidential search.
Gibbs said that’s what the President wants—not to “drag names through and vet names through the public.” (Which President Clinton failed to do in a spectacular way with his first Supreme Court pick. It turned into an anguished public spectacle that embarrassed some of the contenders.)
But then it got interesting. After saying Obama understands the law and the Court, Gibbs pointedly criticized efforts to lobby for a particular nominee.
“I think this is a decision that he alone will make. I don't think that the lobbying of interest groups will help,” Gibbs said. “I think, in many ways, lobbying can and will be counterproductive."
Gibbs also said the short lists that have been publicly reported are incomplete.
“The President does take some heart in knowing that in all of the lists that have been seen and produced, there hasn't yet been one produced with the totality of names…which are being considered.”
So a stealth candidate to replace a stealth Justice? Maybe Obama should consult George H.W. Bush about that first.
May 12, 2009 | Permalink | User Comments (8)
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Maybe Al Gore? Not stealth, but...
Posted by: Matt | May 12, 2009 6:53:36 PM
Stealth nominee
Translation: Somebody the media can't smear with lies.
Posted by: bubbles33 | May 13, 2009 12:18:26 AM
Any guesses, Jan? Maybe Christopher Edley, the Dean at Boalt?
Posted by: Theodore | May 13, 2009 12:57:13 PM
HILLARY might be the stealth nominee. She is a lawyer with VAST experience! Please name another lawyer who has been involved with legal proceedings from possible fraudulent landdeals in Arkansas all the way to Presidential impeachment! Hillary agrees with Obama on key issues (Saul Alinsky, UN power over USA, internationalism over sovereignity, anti-gun, etc.) And Hillary was in favor of letting terrorists go BEFORE it became a popular position in DC. She also is a woman and despite "standing by her man" a feminist of a fairly militant variety. Obama will pick Hillary!
Posted by: Ed | May 14, 2009 11:26:56 AM
Re: C-SPAN/Washington Journal appearance 05/14/09
How “nice” to hear another voice of “Conservatism” coming from that center of moderateness, ABC News. Do they hire anyone who is not a Left wing, liberal, elitist, Leftist? Good grief already!
Although I only saw the last 15 minutes of your C-SPAN interview, your ideology was most transparent with your response, or lack of, to one of the final callers who made several comments about Obama’s policies dealing with ACORN, the systematic invasion of aliens from Mexico, his trampling of civil rights and liberties, the economy, and, of course, his repeated failure to comply with Article two, Section one of the Constitution.
Why would anyone expect Barrack Obama to respect the Constitution or its protections when he cannot even comply with one of the most basic tenants of the same? Regardless whether you think he is a “legitimate” President or not there can be no denying that both as a candidate and as the de facto President he has engaged the services of at least two law firms, spending more than a million dollars to obfuscate and thwart the release of birth, college, and other personal records. Hmmm… $20 for a birth certificate or million(s) to hide the same. I know what I would do if I were not trying to hide something. It sure would be nice to see some of Ms. Greenberg’s “hard-hitting, investigative newshounds” from ABC and other MSM outlets take a break from their Obama love affair, stop asking him questions that sound like they are scripted right out of “My Little Pony,” and find out once and for all what happened to the “Obama transparency initiative. I for one would never again raise the issue if I could see a big, fat, blown-up copy of his long-form, certified birth certificate plastered boldly on one of the “Messiah’s” many teleprompters. Oh, that’s right… Ms. Greenberg and ABC have agreed not to show the Teleprompters. Well, you know what I mean.
But back to the issue at hand; the one thing that any American CITIZEN can be sure of is that it would not matter if we had a Democrat or a Republican President in office right now, the last thing that either of them would do is to protect and defend the integrity of the United States Constitution with any Supreme Court nominee. The Obama administration’s unprecedented attack on freedom and liberty in just the first 100 days coupled with the insidious debacles of the Bush administration’s reign of tyranny spell doom for anything even resembling what the Framers had in mind. Much like the dinosaurs must have looked upward and wondered about that new “bright light” in the sky that was getting ever closer; the American Sheeple will continue to acquiesce to the police state and the unparalleled criminal attack on their sovereignty!
Posted by: Mike | May 14, 2009 1:11:23 PM
Nominate John Lewis-Georgia Congressman, Non-Lawyer, and Brave Freedom Rider For Associate Justice of the United States Supreme Court
President Barack Obama has now arrived at that crucial moment when he can appoint an individual to serve as an Associate Justice of the United States Supreme Court. While recognizing the importance and essential aspects of the appointment of additional female justices, we suggest, after considerable thought, that Mr. Obama defer such appointments and instead select an individual who is not even a lawyer. He is not as well known as he should be for his efforts and accomplishments, especially on behalf of civil rights. What’s more, the individual we have in mind is not even educated as a lawyer—he was instead schooled as a Protestant minister at the American Baptist Theological Seminary and at Fisk University in Nashville, Tennessee.
This proposal for drastic change in the Supreme Court Justice selection process, as far as the range of possible candidates is concerned and this proposed nomination of a non-lawyer which our Constitution allows, , derives in substantial measure from a reading of the article entitled “On the Bench and Off, the Eminently Quotable Justice Scalia” which appeared in the New York Times on Tuesday, May 12, 2009. In this article, Justice Scalia in effect “disses” a young law student after she exhibited the folly and temerity to inquire what her career prospects were likely to be since she was not attending one of the “correct” [my wording] law schools and would thus graduate “without connection and elite degrees” [her wording].
After counseling this young woman to “Work hard and be very good”—we need a Supreme Court Justice to tell us this?---, Justice Scalia then informs her that her chances of obtaining an appointment to a Supreme Court clerkship are not good—perhaps he should have just been frank and open and told her that her chances were nil and her resume fatally deficient. Scalia continues, “I’m going to be picking from the law schools that basically are the hardest to get into. They admit the best and the brightest…”; he continues, incredibly, that “you can’t make a sows ear out of a silk purse” and concludes that “they’re probably going to leave [i.e. graduate as students of the 5 or 6 most elite law schools as] the best and the brightest. O.K.”
No, not O.K.! Justice Scalia is obviously of the opinion that we need the “elites” to guide and care for the rest of us commoners in matters of government policy and the administration of justice—just as they so competently did recently in the administration of the American business and financial systems. This is patent nonsense of the most Olympean order —and demographically unsupportable. . The American University Washington College of Law should have asked for an apology both for the young woman and for the law school and should have asked for their money back—and sued the Honorable Associate Justice, we must assume successfully, if a refund was not immediately forthcoming. Or in the alternative,either in mitigation or as an excuse for his ridiculous elitist remarks, Justice Scalia could simply admit that he has been ingesting excessive quantities of his own bathwater.
In short, President Obama should nominate Georgia Congressman John Lewis, a non-lawyer (perhaps we should say an "un-lawyer" . to the forthcoming vacancy on the Supreme Court. He is a good and humane man and a former Freedom Rider who in his efforts on behalf of the civil rights movement sustained repeated life threatening beatings by segregationist mobs and served as the Chairman of the Student Non-Violent Coordinating Committee. Mr. Lewis, as a capable long term Congressman, is recognizably wise and knowledgeable in legal and legislative matters. He would serve with distinction, and with a "non-elitist" bent, as an Associate Justice of the United States Supreme Court. This proposed nomination would accomplish beneficial change of the highest order—a man admittedly “without the connections and elite degrees”, educated in religious matters, refreshingly devoid of any law degree at all, and unquestionably dedicated to justice…and with the scars to prove it.
Posted by: James K.Riley | May 15, 2009 9:24:13 PM
I have been watching for mention of Jamie Raskin as nominee for Justice (he meets the speculative requirements for your stealth candidate postulation and his pan-vocational experience to say nothing of his ability to argue persuasively his point-of-view make him almost the ideal stealth candidate). I notice that you are a former professor at American University so I would expect that you were familiar with him since that is his base. If I'm the only one who mentioned him to you in all this time and if he is nominated, let me know if you want any other predictions.
Posted by: John Leonhard | May 16, 2009 9:26:19 PM
I have not understood the lack of attention that Judge Karen Nelson Moore has received. Judge Moore would seem to have very similar credentials to Judge Wood. Although Judge Moore is two years older, she is from Ohio and sits on the Sixth Circuit, which ought to count as plus marks in favor of SCOTUS diversity.
Posted by: CA6 Practitioner | May 22, 2009 7:29:28 AM
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