September 20, 2005
NO ONE HAS JUDGE CALLAHAN YET:
White House Said to Shift List for 2nd Court Seat (DAVID D. KIRKPATRICK and SHERYL STOLBERG, 9/20/05, NY Times)
The White House is reshuffling its short list of potential Supreme Court nominees with a new emphasis on finding someone who will hold up under the pressure of what is expected to be fierce confirmation battle, several Republican allies close to the process said on Monday. [...]The shift ... indicates that the administration expects some Democrats' pent-up frustration with what they labeled as Judge Roberts's evasiveness to spill over into the hearings for a new nominee. Republican aides briefed on the search said the White House was looking mainly at female jurists for Justice O'Connor's seat, but it has expanded its short list and it is examining the contenders anew in the expectation of a trial by fire.
Conservative allies of the White House said the new criteria could hurt the chances of Judge Janice Rogers Brown, a 2005 Bush appointee to the United States Court of Appeals for the District of Columbia Circuit and a favorite of the president's conservative base.
Republican strategists close to the White House worry that Judge Brown, an African-American known for her fiery speeches to conservative crowds, might try to fight back against vigorous questioning. Other conservative strategists say that she also lacks experience on the federal bench and that supporting her highly ideological oratory might strain the solidarity of the Senate Republican caucus.
Another judge said to be on the list is Judge Priscilla R. Owen, a friend of the president also recently confirmed to a federal appeals court after a vigorous Senate battle. In her case, strategists say the White House is evaluating whether her reticence and mild manner would be a strength or a weakness under interrogation in the Senate.
Others said to remain under consideration include the contenders for the last vacancy, Judge Edith H. Jones and Judge Edith Brown Clement of the Fifth Circuit, as well as Judge Alice M Batchelder of the Sixth Circuit, Judge Karen Williams of the Fourth Circuit and Judge Consuelo M. Callahan of the Ninth Circuit. Judge Callahan, a Republican appointee, is Hispanic, and President Bush has made clear that he would like to name a Hispanic to the court.
So the champions of feminism on the other side of the aisle have created a climate where only retiring women need apply? Posted by Orrin Judd at September 20, 2005 6:50 AM
"Conservative allies of the White House said the new criteria could hurt the chances of Judge Janice Rogers Brown..."
I, of course, know nothing of the WH's thinking on this or any other matter, but I am pretty sure that the NYT knows even less. Could they be any more vague in their "sourcing"? Why don't they just say that they're just making stuff up?
Posted by: b at September 20, 2005 10:56 AMDeborah Cook
Posted by: Robert Schwartz![[TypeKey Profile Page]](http://brothersjuddblog.com/nav-commenters.gif)
at September 20, 2005 10:59 AM
Impossible to tell if the leaker here is pro-Janice Brown or anti. Stories like this get her name before the public, as well as the idea that she is a fiery conservative speaker, so they reduce the rhetorical advantage Democrats would have, if they were able to introduce her to a public who did not know her, in painting her as a radical.
So the story gives me hope that Janice is under active consideration. I think Bush knows that nominating a black woman who is outspokenly conservative would really help heal the isolation of black Americans.
Posted by: pj at September 20, 2005 11:30 AMa new emphasis on finding someone who will hold up under the pressure of what is expected to be fierce confirmation battle"
So it's come down to awarding a lifetime tenure to someone's performance during a period that lasts a few weeks at most, which they will never face again (e.g., C.Thomas) and which has nothing at all to do with the job they will perform. No wonder we get mediocrities and David Souters, we deserve them.
Posted by: at September 20, 2005 11:59 AM
If JR Brown ever makes it to the Court, I wonder what she would say to Ruth Bader Ginsburg in the ladies' room?
Posted by: jim hamlen at September 20, 2005 12:46 PMDoes anyone know anything about Consuelo M. Callahan? I see that she was conformed easily in 2003. I thought months ago that the President would like a twofer--woman and Latina. Is she conservative enough?
Posted by: Bob at September 20, 2005 1:48 PMI finally read the headline and took your suggestion.
Posted by: Bob at September 20, 2005 3:21 PMIn the News:
As the first Hispanic woman to serve on 9th Circuit Court of Appeals, Callahan won unanimous approval (99-0) in the Senate. Sen. Leahy (D-VT) noted that, "Not a single person or organization has submitted a letter of opposition or raised concerns about her." (The Oakland Tribune, June 2, 2003)
Which is not to suggest that the Senator's previous statements should have bearing upon or resemblance to any future statements, per se.
Posted by: John Resnick at September 20, 2005 4:47 PMWell, Callahan would be the first Supreme Court justice to wear sequined dancer's outfits to the court and tap-dance for the other Justices:
A hoofer with a sense of humor, Callahan likes to surprise judicial and legal gatherings by starting discussions about serious topics and ending with a quip about appellate judges who tap dance around issues. She then pulls off her black robe to reveal a sequined costume and tap shoes.
She's been known to hop on a tabletop or in one case on a judicial bench during these special events and do some pretty impressive steps. "I may be the highest ranking tap dancer in federal court," Callahan said with a grin during a recent interview in her chambers in the Sacramento federal court building. "It is fun and it has a certain shock value."
[http://underneaththeirrobes.blogs.com/main/2004/11/courthouse_foru_1.html]
Posted by: pj at September 20, 2005 6:11 PMWere Callahan a liberal nominee by a Democratic president, her tap dancing would be portrayed in the media as making her a lovable eccentric, a la Janet Reno's alligator wrestling in Florida. If Bush nominates her, she'll be portrayed as a mean-spirited Lucy Ricardo.
Posted by: John at September 20, 2005 8:20 PMC'mon. Have people already forgotten that Edith Clement was all but nominated the morning that Roberts was announced? It''s as if people make lists, throw darts at them, and say to themselves, "Okay, today we hype the names with the holes in them."
(and the anonymous post above was mine. )
Didn't Holmes do that when he started losing it
I think you are thinking of Earl Warren, who was also "sleazy male stripper", at least according to Homer Simpson.
Posted by: Raoul Ortega at September 20, 2005 10:05 PM