ConfirmThem

Bush only has three appointments currently on the Fifth, so it's good that he will have a chance to replenish the Circuit that is a natural fit for him. Sounds like he will have three new judges confirmed there by the end of 2007.

Heck, Dave, Bush's got three openings on the Fourth RIGHT NOW, and he's gotten absolutely nowhere so far.

Also, Bush has picked some fights with his nominees to the 4th.

"Judge DeMoss kept his chambers in Texas, so it is likely the President will find a replacement from among the deep Texas benches."

Whaddya mean likely? Isn't it written into the Code that each of these seats belongs to a certain state, or more specifically to the senior Senator of that state?

I mean we wouldn't want someone from LA or MS to steal a TX seat would we? Kay Bailey Hutchison would have to filibuster that.

I know that's got to be codifed in here somewhere. Now if I can just find it...

Actually, I would prefer TX solicitor general Ted Cruz and TX district court judge Sidney Fitzwater. Fitzwater may be too controversial, though, because a cloture vote was forced on him way back when he was first confirmed to the federal bench in 1986. His conservatism caught the notice of the Democrats even then.

At least one judge (the district court nominee for PR) will recieve a Senate vote on Monday according the Rebublican Policy Committee. Other judicial confirmations may occur the same day as in the past.

http://www.senate.gov/~rpc/

It's about time these old geezers on the 5th Cir start retiring. There are a few more, I believe - Weiner for sure.

There should be little doubt that the most attractive nominees (I have no idea what they look like) would be Ted Cruz and Lee Rosenthal. There's also a deep bench on the Texas Supreme Court to choose from, as well as former Texas jurists like Gonzales and Phillips (the former chief).

Gonzales or Miers are possibilities. Both will be looking for work in a couple of years, so maybe the permanent vacation of a federal judgship might be attractive.

I talked to a litigator who clerked for a Texas Supreme Court justice while Philips was Chief Justice. He said that Phillips was often asked about the 5th Circuit, and he repeatedly said he had no interest because he has no interest in Criminal Law.

That's an interesting point. Can't blame him.

Texas Solicitor General Ted Cruz and Lee Rosenthal would both be first rate choices. Lee Rosenthal should definitely get the nod for one of the positions. The question becomes whether or not Ted Cruz would accept a nomination because I hear that he might "want to make some money first." And who could blame him? He's extremely talented and would certainly make a mint. He's young and has many rainmaking years ahead of him, if he goes that rout.

Then again, if he has aspirations to be on the Supreme Court (which he seems perfectly suited for,) he may want to go ahead and start prepping on the 5th Circuit. He would surely be high on the list of any GOP president with even a year or two on the 5th Circuit under his belt.

Have you heard anything about Sidney Fitzwater of the North District of Texas? I think he may be a friend of the Bushes. Jeb Bush's son, George P., clerked for him.

I think I remember reading something about Cruz's desire to run for office eventually, perhaps governor or Congress, so that might be a reason why he wouldn't be nominated.

Re: Sidney Fitzwater

I haven't heard anything about Sidney Fitzwater. I live in Houston and Dallas might as well be another universe most of the time. LOL. But...having George P. as a former clerk certainly doesn't hurt his chances. He also looks like he was at Baylor Law at the same time as one of Bush's other favorites - Priscilla Owen.

Re: Cruz

I could definitely see Ted Cruz running for office. He would be a tremendous asset to the GOP, for certain. It's a stuggle that many talented people have to decide between: whether to be a lawmaker or a law interpreter. I think that it's difficult to go from being a lawmaker to law interpreter, although I do not have the same bias against law interpreters (judges) becoming lawmakers - as long as they don't go back to the bench afterwards. I think, however, that he could rise higher and faster in the ranks of the judiciary than in politics because I think that he could find himself acquitting himself before the Senate Judiciary Committee for a slot on the Supreme Court in very short order.

We need him more as a justice than as a Rep or a Senator. Although I can understand if he would want to make a few bucks to help his family achieve some financial security, it would be great to see him on the 5th for a few months, before taking over the Stevens seat in Fall '07 (keep hope alive). I guess the Dems could attack his youth, but he has a Robert-like resume and the Dems would fillibuster the first Hispanic nominee at their peril. Thomas, Roberts, Alito, and Cruz - that is a nice young foundation that can last for a long time and help keep Scalia happy and young at heart.

A conservative majority that would cause any strict constructionist's heart to pitter-patter. :-)

The intellectual might of that block would cast precedents that would stand the test of time. If we could add a few of the following: Michael McConnell, Edith Jones, Janice Rogers Brown, Paul Clement, Neil Gorsuch, Peter Keisler, Viet Dinh, Miguel Estrada, or Brett Kavanaugh to that group - the intellectual gravity on the right side of the bench may become so dense that a black hole forms where liberal activist precedents get sucked in and crushed for all eternity. I'm all in favor of Maureen Mahoney and Stephen Breyer forming the liberal branch of the court at some point in the future. :-)

Well...I can dream, can't I?

Mike Pence for President! Kenneth Blackwell for Vice President!

http://www.redstate.com/blogs/drew_mckissick/2006/sep/21/2008_speculatio...

:-)

I am not familiar with Ted Cruz, am somehwat familiar with Judge Fitzwater through a few cases I have had in front of him, and am very familiar with Judge Rosenthal through a clerkship in the same building and many cases in front of her.

Judge Rosenthal is as smart and hard working a judge as there is on the federal bench. Truly. That is said a lot about many people, but she is on the Kozinski level in both intellect and work ethic. She has a solid, solid philosophy and the whole nation would be well-served to see her on the Fifth Circuit. She has chaired and/or served on the Federal Rules Advisory Commission and just lives and breathes federal practice. To top it off, she has been on the bench for 14 years or so, and is still as nice and gracious as anyone could be.

Without reservation, I would present Judge Rosenthal for the Fifth Circuit or higher.

it looks like he's quickly becoming a feeder judge for Nino and CT

just for Scalia so far it looks like (has a Sutton clerk lined up for the 2006 term and for the 2007 term), perhaps because Sutton was a clerk of his. thought I had seen a Sutton clerk on Thomas' list too, but I guess not. interesting fact: Ben Nelson and Dianne Feinstein (!) were the only Dems to vote for his confirmation to the 6th circuit. not as surprising as it could be, I guess, as Feinstein is one of the few libs (disingenuousness on the "California" seat aside) that I actually have a small bit of respect for because she's usually a serious person, unlike so many of her Democrat colleagues.

Sutton is truly awesome, but could he ever make it through to confirmation? What a fight that would be!