Now that Chief Justice William Rehnquist, 80, has cancer, coupled with talk that Justices Sandra Day O’Connor, 75, and John Paul Stevens, 85, might also consider stepping down, there is quite a buzz in the beltway about the Supreme Court. Majority Leader Bill Frist said Tuesday he’s been talking to Democratic leader Harry Reid about nominees for a potential vacancy on the Supreme Court.

Reid later offered what he considered good possibilities: GOP Sens. Mel Martinez of Florida, Mike DeWine of Ohio, Mike Crapo of Idaho and Lindsey Graham of South Carolina. They "are people who serve in the Senate now who are Republicans who I think would be outstanding Supreme Court members," Reid said. Nancy Keenan, president of NARAL Pro-Choice America, called on Bush to pick a consensus candidate if a vacancy comes open. "Americans want to be brought together around this decision." What should the President look for in a nominee for the court and who would you nominate?

  • marc

    While I haven’t been doing the investigation required to give you a name, I can say that I’m a fan of the “[url=]Dead Constitution[/url]” theory of jurisprudence.

  • Anthony Bradley

    marc, thanks for blogging with us and offering the “Dead Constitution” link! This could be critical in discussing the way to interpret the Constitution as we evaluate nominees in the future. Very useful!!

  • Acton Institute PowerBlog

    Breaking news for the day: Sandra Day O’Connor has announced that she is retiring from the United States Supreme Court.

    Yesterday, Anthony Bradley asked what the President should look for in a Supreme Court Nominee. Join the discussion here.

  • PajamaHadin

    The already has been much discussion over who should be appointed to replace her. Some argue that the replacement should be a woman. Others (i.e. liberals) insist that the President should appoint someone who is a moderate. And others still (i.e. conservatives) insist that the appointment should not be someone who holds to the “living constitution” view of jurisprudence.

  • Danny

    Let’s assume that the Democrats are going for broke, in other words, that they’re playing to their leftist base and will strongly oppose any nominee to the right of David Souter. This would mean picking a supposed moderate, like Alberto Gonzales, would win Bush not many Democrats but would lose him many on the right. What should the president look for in a nominee?

    1) Unlike Robert Bork, someone with a friendly face and personality. This may seem superficial, but in a media saturated age it is unfortunately necessary.

    2) A nominee without unnecessary baggage, like Janice Rogers Brown’s comments about the elderly cannibalizing the young. Fighting against attacks on a nominee’s conservative judicial record will be plenty hard enough with out added distractions.

    3) Out of the remaining nominees, he should go ahead and pick the one who is youngest and most reliably conservative.

    By reliably conservative, I mean someone who’s had political or judicial experience, preferably in Washington, D.C. itself, and won’t be seduced by the beltway establishment’s advice to ‘mature’ in office, by which the establishment really means ‘move left.’ I would recommend John Roberts, but I don’t have enough information on the various choices.

  • Anthony Bradley

    Danny, these are most excellent things to consider!! Thanks for offering this! It’d be good to send this to White House!

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