Here is a list of potential nominees for the Supreme Court:
Samuel A. Alito, Jr.
Samuel A. Alito, Jr., 55, is a judge on the U.S. Circuit Court
of Appeals for the 3rd Circuit.
Nominated by President George H. W. Bush to the court in 1990,
Alito was educated at Princeton University and Yale Law School. His
work experience includes stints as assistant to the Solicitor General
and deputy assistant to the Attorney General during the Reagan
Administration, and as U.S. Attorney for the District of New Jersey.
Alito has voted to uphold regulations on abortion, notably as
the lone dissenter in a 1991 case in which the 3rd Circuit struck down
a Pennsylvania law's requirement that women tell their husbands before
having an abortion. The three-judge panel preserved most elements of
the abortion control law, including a 24-hour waiting period and a
requirement that minors notify their parents. But Alito argued in his
dissent that the spousal notification provision did not impose an
"undue burden" and also should have been upheld.
In other rulings, Alito wrote for the majority in 1997 in
finding that Jersey City officials did not violate the Constitution
with a holiday display that included a creche, a menorah and secular
symbols of the Christmas season. In 1999, he and his colleagues found
that a Newark policy that allowed medical, but not religious,
exemptions to a ban on police officers having beards violated the
First Amendment.
-- Christopher Lee
Janice Rogers Brown
Janice Rogers Brown, 56, was confirmed last month to the U.S.
Court of Appeals for the D.C. Circuit. For nine years before that, she
was a California Supreme Court justice.
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| Janice Rogers Brown |
Brown was born in Greenville, Ala., and
educated at California State University at Sacramento and the
University of California at Los Angeles School of Law. She is a
self-described conservative who as a young single mother once called
herself so leftist as to be almost Maoist. She was legal affairs
secretary for California Gov. Pete Wilson (R) before joining the
California Court of Appeals in 1994.
As a judge, she has written sharp opinions that opposed
affirmative action, that supported a state law requiring girls younger
than 18 to notify their parents before getting an abortion, and that
advocated using stun guns in a courtroom to control an unruly
defendant. She has strongly supported property rights and describes
herself as someone who looks to the intent of the framers of the
Constitution when making decisions. Some have criticized her for
writing dissents and opinions that personally attack other justices.
Brown has attracted as much attention for her speeches as for
her legal decisions. In recent years, she has described New Deal legal
precedents as "the triumph of our socialist revolution," and two
months ago, she told a Connecticut group of Catholic legal
professionals that "there seems to have been no time since the Civil
War that this country was so bitterly divided." She also said that
"these are perilous times for people of faith" and that there's a
social cost to pay "if you are a person of faith who stands up for
what you believe in and say those things out loud."
Brown grew up in the segregated South, where her family refused
to enter restaurants or theaters with separate entrances for black
customers. Before moving to Washington, she lived in a gated community
in the foothills of the Sierra Nevadas.
-- Marc Kaufman
Edith Brown Clement
Edith Brown Clement, 57, is a judge on the New Orleans-based
U.S. Court of Appeals for the 5th Circuit.
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| Judge Edith Brown Clement |
Clement was nominated by President George H.W.
Bush to serve as a judge on the U.S. District Court for the Eastern
District of Louisiana in 1991 and was elevated to her current post by
the current President Bush in 2001.
Clement, a graduate of the University of Alabama and Tulane
University Law School, worked as a lawyer in private practice in New
Orleans for 16 years before beginning her tenure on the federal bench.
She specialized in civil litigation involving maritime law,
representing oil companies, insurance companies and the marine
services industry in cases before federal courts. She is a member of
the Federalist Society, an influential conservative legal
organization.
As a district judge, Clement presided over such high-profile
cases as the 2000 trials of former Louisiana governor Edwin W. Edwards
(D) and former state insurance commissioner Jim Brown (D) on fraud
charges. Edwards was acquitted; Brown was convicted of lying to the
FBI and sentenced to six months in prison.
Lawyers who know Clement or have tried cases before her describe
her as a judicial conservative who leans toward the defense in civil
cases, and as a no-nonsense judge who is strict about deadlines and
insists on professionalism from lawyers.
Analysts say Clement has not attracted attention for her
judicial opinions, so it is unclear which of her decisions, if any,
might become the focus of a confirmation battle.
-- Christopher Lee
John Cornyn
Sen. John Cornyn, 53, is the junior senator from Texas, elected
in 2002.
Since his election, Cornyn -- nicknamed "Johnny Boy" by Bush --
has been an outspoken proponent of the president's administration and
the conservative branch of the GOP. But prior to arriving in
Washington, Cornyn's reputation as Texas Attorney General and as a
Texas Supreme Court justice was that of a moderate Republican.
His seven-year tenure on the court was
characterized by decisions favoring business and limiting government
control. But he also wrote the majority decision in 1995 upholding
Texas' so-called Robin Hood school finance law in which wealthier
school districts share money with poorer ones, a plan that Republicans
have been trying to abolish since.
During his four years as state attorney general, Cornyn angered
some local Republicans for trying, unsuccessfully, to modify a ruling
by a previous attorney general that eliminated affirmation action
programs at Texas colleges. He sued auto and home insurance firms for
underpaying claims and for deceptive trade practices and prosecuted
unscrupulous nursing home operators, as well as appeared before the U.
S. Supreme Court to defend a small Texas school district that
broadcast student-led prayer before football games. The court ruled
against the school-sponsored practice.
In the Senate, Cornyn, 53, has led efforts to defend Bush's
judicial nominees and to fight filibusters of nominees, writing
National Review articles that label opponents as "liberal special
interest groups" engaged in "vicious politics." He spearheaded the
push to adopt constitutional amendments banning gay marriage and
flag-burning and favors school vouchers, prayer in public schools,
extending the Bush-initiated tax cuts beyond 2010 and privatizing
Social Security. He opposes abortion and partial birth abortions
except when a woman's life is endangered.
-- Sylvia Moreno
Emilio M. Garza
Emilio M. Garza, 57, is a judge for U.S. Court of Appeals for
the 5th Circuit and has been on the short list for a Supreme Court
nomination before.
Justice Department officials interviewed Garza in 1991, when he
was among a handful of candidates being considered by President George
H. W. Bush to succeed Justice Thurgood Marshall. But Garza then had
only three years of experience on the federal bench and his views on
many issues were unknown. Bush nominated Clarence Thomas instead.
Garza, who will turn 58 in August, would make
history as the first Hispanic ever nominated to the high court.
The former Marine captain earned bachelor's and master's degrees
from the University of Notre Dame and graduated from the University of
Texas School of Law. He practiced law in his native San Antonio for 11
years and served as a state district judge for a year before President
Reagan nominated him to the U.S. District Court in 1988. Three years
later Bush elevated him to the 5th Circuit.
Since then Garza has developed a reliably conservative judicial
record that includes criticism of the Roe V. Wade abortion decision of
1973. In 1997, Garza sided with the majority in upholding a lower
court decision that struck down parts of a Louisiana law requiring
parents to be notified when a minor child seeks an abortion. In his
concurring opinion, however, he expressed doubts about whether Roe v.
Wade was well-grounded in the Constitution.
"[I]n the absence of governing constitutional text, I believe
that ontological issues such as abortion are more properly decided in
the political and legislative arenas," Garza wrote. ". . . . [I]t is
unclear to me that the [Supreme] Court itself still believes that
abortion is a 'fundamental right' under the Fourteenth Amendment. . .
."
-Christopher Lee
Alberto R. Gonzales
Attorney General Alberto R. Gonzales, 49, has less time on the
bench than the other likely Supreme Court candidates but has one
crucial advantage: the close friendship of President Bush.
Gonzales grew up as the son of impoverished
Mexican immigrants and went on to graduate from Harvard University law
school. Bush, then the governor of Texas, hired him as his general
counsel and later appointed him to the Texas Supreme Court. Bush
brought Gonzales to Washington as his White House counsel in 2001.
The Senate narrowly approved Gonzales as attorney general in
February after he faced sharp criticism from Democrats over the role
he played in approving controversial detention and antiterrorism
policies.
Yet legal experts say that the strongest opposition to Gonzales
as a Supreme Court candidate would likely come from the right, due
primarily to positions he has taken on issues like abortion and
affirmative action.
While on the bench in Texas, Gonzales sided with a majority in a
2000 case allowing an unidentified 17-year-old girl to obtain an
abortion without notifying her parents, finding that she qualified for
an exception to that state's parental notification law. In a
concurring opinion, Gonzales said that to side with dissenters in the
case would amount to "an unconscionable act of judicial activism."
Gonzales also testified at his attorney general confirmation
hearing earlier this year that he recognized the Roe v. Wade
decision legalizing abortion as "the law of the land."
Advisors close to the White House have said that Bush likes the
idea that Gonzales would be the first Hispanic justice. (Benjamin
Nathan Cardozo, a justice in the 1930s, was of Portuguese and Jewish
descent.)
-- Dan Eggen
Edith Hollan Jones
Edith Hollan Jones, 56, has been a judge on the U.S. Court of
Appeals for the 5th Circuit in New Orleans since 1985, having been
nominated by President Ronald Reagan.
Jones was born in Philadelphia. She graduated from Cornell
University in 1971 and from the University of Texas Law School in
1974. She was in private practice in Houston for 11 years and
specialized in bankruptcy law.
Known as a strong and outspoken conservative, she has written
opinions that called into question the reasoning behind the Roe v.
Wade abortion ruling, has been an advocate for speeding up death
penalty executions, and is a vocal proponent of "moral values." She
also wrote a 1997 opinion throwing out a federal ban on the possession
of machine guns and has been an advocate for toughening bankruptcy
laws.
In a recent interview with the American Enterprise Institute,
she bemoaned the Senate treatment of several controversial appeals
court nominees. "Nominees are accused very unfairly of things that
they didn't do," she said. "For someone like Judge [Charles W.]
Pickering to be called a racist is a vile lie. For someone like Judge
[William] Pryor to be attacked on the basis that he is a Catholic and
therefore cannot judge cases fairly strikes at the heart of the notion
of religious tolerance in our society. And the character assassination
of Priscilla Owen reached unconscionable bounds."
-- Marc Kaufman
J. Michael Luttig
J. Michael Luttig, 51, has been a favorite in conservative legal
circles for decades, going back to his clerkship for then-Judge
Antonin Scalia on the U.S. Court of Appeals for the D.C. Circuit in
1982-83.
A graduate of Washington and Lee University
and the University of Virginia law school, Luttig also clerked for
Chief Justice Warren E. Burger in 1983-84, practiced law in the
private sector from 1985-1989, and then served in a variety of Justice
Department positions during the first Bush administration, where his
duties included helping current Justices Clarence Thomas and David H.
Souter win Senate confirmation.
President George H.W. Bush appointed him to the Richmond-based
U.S. Court of Appeals for the Fourth Circuit in 1991, when Luttig was
just 37 years old. Ever since, he has been spoken of as a likely
choice for the Supreme Court should a Republican president have a
chance to name him. His many supporters on the right, including ex-law
clerks sprinkled throughout the Bush administration, think now is
Luttig's time.
This has sometimes led him to clash with other members of the
4th Circuit, including fellow conservative J. Harvie Wilkinson, also
thought of as a Supreme Court contender. In 2000, he dissented from a
ruling by Wilkinson that upheld a Fish and Wildlife Service regulation
limiting the killing of endangered wolves on private land. He also
disagreed with Wilkinson in 2003, when he wrote a dissenting opinion
that supported the Bush administration's position that it could
designate and detain "enemy combatants" with little judicial scrutiny.
In 1998, he upheld Virginia's ban on the procedure known as a
partial birth abortion -- but agreed to let it be struck down after
the Supreme Court struck down a similar Nebraska law in 2000.
-- Charles Lane
Michael W.
McConnell
Michael W. McConnell, 50, has been a judge on the U.S. Court of
Appeals for the 10th Circuit, based in Denver, since his appointment
by President Bush in 2002.
Before then, he was mostly a legal academic,
having served as a law professor at the University of Chicago from
1985-1996 and subsequently at the University of Utah.
McConnell's good standing with the legal professoriate helped
him immeasurably during the confirmation process; more than 300 of his
fellow professors, including many liberals, endorsed him for the
bench.
An eclectic thinker who served both as a law clerk for the
liberal icon Justice William Brennan and as an official in the Reagan
administration, McConnell has expressed his opinions on a wide range
of subjects, including a Wall Street Journal op-ed in December 2000 in
which he expressed doubts about the legal reasoning of the Supreme
Court's Bush v. Gore decision.
But his outspoken disagreement with Roe v. Wade has earned him
the condemnation of liberal advocacy groups (though at his
confirmation hearing he called it "settled law.") Conservatives like
his writings favoring government "neutrality" toward religion.
As a judge, McConnell has upheld Congress's power to criminalize
the possession of homemade child pornography; in a case soon to be
reviewed by the court, he voted to prohibit enforcement of federal
anti-drug laws against people who consume hallucinogenic tea as part
of a religious ritual.
-- Charles Lane
John G. Roberts
Theodore B. Olson
Theodore B. Olson, 64, is the former Solicitor General and now
an attorney in private practice in Washington at the firm Gibson, Dunn
& Crutcher.
He has been with the firm since 1965 except for two forays into
government, serving as President Bush's Solicitor General from
2001-2004 and as Assistant Attorney General for the Office of Legal
Counsel for three years during President Ronald Reagan's first term.
He argued Bush's case before the Supreme Court that decided the
outcome of the disputed 2000 presidential election.
His other cases have included representing
Cheryl Hopwood, who argued that affirmative action in admissions at
the University of Texas was a violation of the Constitution. In 1996,
a federal appeals court agreed with Olson and Hopwood that the
university's policy was unconstitutional. That same year, he
represented the Virginia Military Institute before the Supreme Court
against claims that the school's admissions policy discriminated
against women and lost.
Olson was legal counsel to Reagan during the investigation of
the Iran-contra affair. And he represented Jonathan Pollard, who was
convicted of selling government secrets to Israel, in his failed bid
for a reduction of his life sentence.
While President Bill Clinton was in office, Olson railed against
the administration in the conservative American Spectator magazine,
where he was a contributing writer and a member of its board of
directors.
But his passion threatened his confirmation as solicitor
general. During hearings, Democrats asked Olson if he played a role in
the "Arkansas Project," an attempt by American Spectator to uncover
scandals involving President Bill Clinton and his wife, Hillary. Olson
said he did not, but a Spectator staff writer, David Brock, told the
Judiciary Committee that Olson was directly involved. Olson was
confirmed, but not until after an inquiry into charges that his
testimony was untruthful.
--Darryl Fears
Larry D. Thompson
Larry D. Thompson, 59, is a senior vice president and general
counsel for PepsiCo.
He was the deputy Attorney General--the No. 2 person at the
Justice Department--for much of President Bush's first term.
During his tenure at Justice, he had daily
involvement in the war on terror and headed the corporate crime task
force that pursued prosecutions against Enron Corp., Worldcom Inc. and
HealthSouth Corp.
He was one of the highest-ranking African Americans in the Bush
administration and if appointed to the court, would be the third
African American justice.
Thompson is a longtime acquaintance of Justice Thomas and was a
member of the legal team that assisted Thomas during his confirmation
hearings in 1991.
Around the same time, Thompson angered some civil rights groups
when he wrote that certain black leaders "stressed . . . black people
as victims" and ignored problems like their "lack of respect for the
law, kids having children too soon and fathers who were not taking
their responsibility seriously."
He is a graduate of the University of Michigan Law School,
served as a U.S. Attorney in Georgia and practiced at the Atlanta firm
of King & Spalding.
--Darryl Fears
J. Harvie Wilkinson
J. Harvie Wilkinson, 61, was appointed to the 4th Circuit by
President Reagan in 1984.
Before his appointment he was the No. 2 official in the Justice
Department's Civil Rights Office from 1982-1983.
Unlike most other leading candidates for the court, Wilkinson
has not practiced law in the private sector; he has more experience in
journalism and teaching.
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| Judge J. Harvie Wilkinson |
From 1978-1982, he was the editorial page
editor of the Virginian-Pilot in Norfolk, Virginia, and from
1973-1978, he was a professor at the University of Virginia School of
Law, where he received his own law degree before moving on to a
clerkship for Justice Lewis F. Powell.
His paper trail is, accordingly, immense. He has written not
only legal opinions, but also books, speeches and journal articles in
which he sketches a self-consciously moderate conservative philosophy.
A typical example was a 2003 Virginia Law Review article titled "Why
Conservative Jurisprudence is Compassionate."
Powell, an old family friend, is a role model and mentor for
Wilkinson, whose own gentle, courtly manners remind some of the late
justice's demeanor.His rulings have included a 1987 opinion striking down a
minority set-aside program for city contractors in Richmond and a 1996
opinion upholding the military's "don't ask, don't tell" policy for
homosexual service members.