ConfirmThem

By AndrewHyman Comments () / Email this page » / Leave a comment »

Quin Hillyer previously posted his opinion here at confirmthem that President Bush's two best choices for Supreme Court would be Samuel Alito and Emilio Garza. After doing a bit of research, I agree with Quin, except that I'd also want to add Edith Jones and John Cornyn.

Brief biographical sketches of sitting federal judges are available from the Federal Judicial Center (also linked under "organizations" at the right side of the confirmthem home page). So, the Federal Judicial Center provides some quick background about Alito, Garza, and Jones.

Last year, USA Today gave brief synopses of Garza, Alito, and several other possible nominees (including Miguel Estrada who I also think would be great). However, USA Today did not mention Judge Jones, who was considered for the Supreme Court seats that eventually went to David Souter and Clarence Thomas (she is a former general counsel for the Texas Republican Party, and here's a writing sample). Nor did USA Today mention Senator Cornyn, who is a former Justice of the Texas Supreme Court. It appears that Alito, Garza, Jones, and Cornyn are all very solid originalists who would not legislate from the bench, and who would be likely to reverse previous legislation from the bench.

And, if President Bush is willing to nominate Miguel Estrada, and Mr. Estrada is willing to be nominated, then I think that would be excellent. Keep in mind that other nominees have joined SCOTUS without having first served as judges --- for example, William Rehnquist, Louis Brandeis, Lewis Powell, Earl Warren, Byron White, Robert Jackson, William Douglas, Felix Frankfurter, and Hugo Black.

Regarding Judge McConnell, a recent article in Legal Times notes that, "as scrutiny of his record intensifies, it's hard for many to decide exactly what McConnell is: conservative, liberal, or a perplexing blend of both." Further resources regarding Judge McConnell are available here, along with an explanation why I believe he would not be among the best choices for Supreme Court.

Some Further Resources About Jones, Garza, Alito, and Cornyn:

* Here are the SCtN profiles for Jones, Garza, Alito, and Cornyn.

* Both Cornyn and Jones were involved in a controversial death penalty case in which the defendant's attorney fell asleep during trial, as described in this Houston Law Review note.

* A long time ago, in 1989, Judge Jones wrote a dissent in a sexual harassment case that was somewhat controversial. Here's the case, titled "Waltman v. International Paper." Interestingly, the majority opinion was written by Homer Thornberry, who was to have been LBJ's last nominee to the Supreme Court.

* Here's a 2001 interview with Judge Jones in the Houston Lawyer.

* Here's a July 3, 2005 profile of Judge Emilio Garza, from a San Antonio newspaper.

* The controversial decisions by Judge Jones in the sex harassment case and the sleeping attorney case are explained and discussed here.