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Texas Solicitor General R. Ted Cruz should be tapped immediately to fill this position.

But there are lots and lots of excellent choices in Texas. No shortage of experienced, conservative lawyers in my state.

Off the top of my head, not just Cruz, but TX Atty Gen Greg Abbott, TX Sup Ct Justices Dale Wainwright and Don Willett, and TX Ct of Appeals Justices J. Harvey Hudson and Leslie Yates.

The list goes on and on down here.

Although, I would greatly prefer Cruz or any of the others listed by Dave II, I wonder if this might not be the perfect opportunity to get either Harriet Miers or Alberto Gonzales out of Washington. There is no way the Democrats would block Miers, not after they moaned and groaned about the way she was "railroaded". They might even want to see Gonzales gone in order to wreck havoc with White House GWOT policies.

I really am torn on this. On the one hand, I don't think Harriet is the best qualified for this position, not by a long shot. If we are going to groom a future SCer, then Cruz is a great pick.

However, getting her out of DC is a high prioritiy, so sign me up as a reluctant "yes" if asked to vote on the idea. But remember, this is all BoBo's fault.

Why Willet? He has been on the Texas SC for all of a year and the only reason he got that gig was because he was BFF with Perry. Wainwright and Cruz would be excellent. Of course, they could go the fun route and nominate Steven Wayne Smith of Hopwood fame.

Here is Patrick Leahy's statement at the hearing of Kent Jordan. He bemoans the renomination of The Controversial Five and implies strict Democrat obstruction of their nominations. He specifically mentions concerns regarding the relationship of Myers and Jack Abramoff.

http://www.judiciary.senate.gov/testimony.cfm?id=2047&wit_id=3972

Cruz and Willett are FOBs (friends of Bush), so they may get picked. Don't count out Gonzales or Miers if either wants it. Scott Brister and Paul Green on the Texas Sup Court are strong conservatives, as is Lee Rosenthal (female), who is a District Court judge in Texas.

Nothing against Higginbotham or any of the other members of the 5th, but I would like to see a few more go to senior status. Before his announcement, we had a 12-4 split with 1 vacancy. However, take a look at some of the ages of the Repub appointees:

Demoss - 76
Wiener - 72
Davis - 70
Jolly - 69
Higginbotham - 68

God forbid a Dem winning in 2008, but if it happened, this circuit could flip fast if there were no changes. This is also another reason that the Wallace approval is important.

As an aside, there are also a couple of older Dem appointees: Dennis at 70 and King at 68.

The 7th Circuit is in a similar situation with aging Repub appointees

get worked up again about a potential SCOTUS vacancy (if not this year then next year) with Kennedy's recent hospitalization?

I still think Bush is likely to get a 3rd pick, between Stevens' age, Souter's leaf watching, Ginsburg (and now Kennedy's?) health (and ages at 70+), and Scalia's potential desire to shore up the team with a superstar rookie.

in the meantime, I'm glad to see another 5th circuit vacancy! I think the 5th circuit has one of the smaller senior circuit rosters too, so Higginbotham should still do a lot of great work

Good point about the 7th Circuit. Both Flaum and Posner are eligible to take senior status, and should so as to allow for Bush to replace them. There are some great law professors at Northwestern and Chicago - not to mention excellent practitioners in Ill. - to replace them.

the blue slip is surely a formidable weapon in the hands of famed Nazi Hunter Dick Durbin ;)

The WH Counsel's office has been instructed to load up the appellate bench with potential female Supreme Court nominees wherever possible, which is why they want Prof. Debra Livingston for the 2nd Circuit. (They wanted her for DC, but Keisler got the nod.) Expect Rosenthal or somebody of her calibre.

Those of us who actually live in the 5th Circuit would not be well served by a Judge Harriet Miers on the court. As soon as there is an opening on the U.S. District Court for the Northern District of Texas, send her packing. LOL

I don't see how anyone except Alberto Gonzales could be considered ahead of Ted Cruz or Lee Rosenthal for the 5th Circuit. The Texas Bar has a very, very deep bench, no doubt. But these two are steller. I don't think that Greg Abbott has his sights set on a career in the judiciary, but I could be wrong.

Since I think that Ted Cruz would be a slam dunk Hispanic John Roberts and should be groomed for the Supreme Court, he needs to get the nod. A couple years on the 5th Circuit and then as soon as the next justice steps down, he should be nominated (presuming that he doesn't give me reason to change my mind while he's on the 5th Circuit.)

Lee Rosenthal should get the next nod for a Texas seat on the 5th Circuit. As noted, it is an aged court, so...it shouldn't be too long in coming.

True that we need more women on the 5th Circuit. With 4 out of 15 judges being female, the 5th Circuit could surely use Lee Rosenthal, and she should be absolutely be afforded the next vacancy of a Texas seat. However, we need to start getting a track record on Ted Cruz to evaulate him as a potential Supreme Court justice. If he does well, he should be the next justice of the Supreme Court - and the first Hispanic. His biography reads like John Roberts' - it is truly extaordinary. He is both a Luttigator and former Rehnquist clerk.

Just a few items on him and by him:

http://www.trolp.org/main_pgs/steering_committee/rtcruz.htm
http://www.nationalreview.com/comment/cruz200507201432.asp
http://www.nationalreview.com/comment/comment-cruz081501.shtml