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>>15911809
FYI - see yellow
From:ssolow@hillaryclinton.com
To: john.podesta@gmail.com, jsullivan@hillaryclinton.com
Date: 2016-02-29 01:33
Subject: FYI - see yellow
Tom Goldstein <http://www.scotusblog.com/author/tom-goldsteinPublisher
Posted Tue, February 16th, 2016 5:25 pm
Email Tom <tgoldstein@scotusblog.com>
Bio & Post Archive » <http://www.scotusblog.com/author/tom-goldstein>
Continued thoughts on the next nominee (and impressions of Judge Ketanji
Brown Jackson)
My thinking about '''the likely nominee to replace Justice Antonin Scalia
continues to evolve. ''' His untimely death surprised everyone. The White
House is now compiling a list. Democrats are gearing up to support
whatever nominee is chosen. Republicans are shaping their message in
opposition to any possible candidate.
I discussed my sense of the political calculus in earlier post. Here it
is, along with some additional elaboration. I follow it with an
explanation for why my thinking on the next nominee has evolved from Ninth
Circuit Judge Paul Watford to Attorney General Loretta Lynch (both of whom
will almost certainly get serious consideration) ==to U.S. District Judge
Ketanji Brown Jackson.==
To my mind, the prospect of such document demands makes the nomination
unlikely, although for a slightly different reason. The administration’s
goal will be to put forward a nominee whom Republicans cannot credibly
oppose – any serious excuse to oppose the nomination substantially
undermines the message that Republicans are treating the nominee unfairly
and undermining the Supreme Court’s orderly functioning. But Republicans
would have little difficulty framing opposition to – and ultimate rejection
of – Lynch in terms of the administration’s refusal to provide documents
that Republicans need to assess such an important nomination.
If not Lynch, who? There does not seem to be any obvious candidate in the
federal courts of appeals. But there is a district judge.
==Ketanji Brown Jackson is a judge on the U.S. District Court for the
District of Columbia==. She was confirmed by without any Republican
opposition in the Senate not once, but twice. She was confirmed to her
current position in 2013 by unanimous consent – that is, without any stated
opposition. She was also previously confirmed unanimously to a seat on the
U.S. Sentencing Commission (where she became vice chair).