September 21, 2005
WE MAY HAVE A WINNER (via Mike Daley):
Floating Batchelder (Capital Briefs, September 16, 2005, Human Events)
The buzz around the Senate Judiciary Committee confirmation hearings for John Roberts last week was that one of the people President Bush may be considering to replace Justice Sandra Day O’Connor is Alice M. Batchelder.Batchelder is a Cleveland, Ohio-based judge on the U.S. Court of Appeals for the 6th Circuit. She was appointed to that bench by President George H.W. Bush in 1991. Before that she was a federal district judge, appointed by President Ronald Reagan. Her husband, Bill Batchelder, a state judge, formerly served as a conservative state House member and was the Ohio chairman of Reagan’s 1980 campaign. Judge Alice Batchelder was one of two appellate court judges who upheld Ohio’s partial-birth abortion ban in 2003, and last year she issued a powerful dissent from a ruling that ordered a local judge to remove a framed Ten Commandments from his courtroom. Politically, a Batchelder nomination would be a plus because of her conservative credentials and because she is from Ohio"a key swing state, where her views are popular. On the other hand, she is 61 years old.
Mr. Daley developed a Court crush on the judge, who the NY Sun reports is going to meet with President Bush, after listening to this speech, The Judiciary: having "neither Force nor Will, but merely judgement"? (Alice M. Batchelder, Judge, U.S. Court of Appeals for the Sixth Circuit, Seventh Annual Robert E. Henderson Constitution Day Lecture, September 16, 2005, Ashbrook Center)
Alice M. Batchelder was appointed by President Ronald Reagan to the United States District Court for the Northern District of Ohio in April 1985, after serving for two years as a United States Bankruptcy Judge for the Northern District of Ohio. In December 1991, she was appointed by President George H.W. Bush to the United States Court of Appeals for the Sixth Circuit.Posted by Orrin Judd at September 21, 2005 10:07 AMJudge Batchelder earned her B.A. from Ohio Wesleyan University and taught English in junior high and high school for several years before entering law school. She earned her J.D. from the University of Akron School of Law and practiced for eleven years with the family firm of Williams and Batchelder in Medina, Ohio, before being appointed to the bankruptcy court. After her appointment to the district court, she earned her LL.M. from the University of Virginia School of Law.
Judge Batchelder and her husband, Bill, now a judge on the Ohio Ninth District Court of Appeals but for 30 years a member of the Ohio House of Representatives, live in Medina, Ohio. They have two grown children.
I clerked for a different judge on the 6th Circuit a few years ago. Judge Batchelder is a vey nice person and a solid conservative. Her clerks were uniformly smart and conservative. She'd be great, but I do think 61 is too old.
Posted by: rds at September 21, 2005 10:27 AMIn these days of ideological warfare it may be that a great judge who could be dead or senile in ten years is passed over for a "maybe" who will be alive and kicking for thirty years. I hear he's considering Lindsay Lohan and Jessica Simpson; Kate Moss is a possibility but her views on cocaine use in juvenile halls may cause problems.
Posted by: Howard Veit at September 21, 2005 10:39 AMShe's a woman--she's as likely to be there 30 years from now as a fifty year old guy.
Posted by: oj at September 21, 2005 10:44 AMI would be thrilled if Alice were nominated by President Bush. Her husband Bill, mentioned above, was a client of mine for many years at my old law firm. He was the most conservative guy in the Ohio Legislature. Alice has always been very sweet. Her sister-in-law is a neighbor of mine.
Posted by: Robert Schwartz
at September 21, 2005 11:24 AM
However, I think the age thing will do her in.
Posted by: Robert Schwartz
at September 21, 2005 11:26 AM
Oh my G-d,
You've all totally depressed me!
Judge Batchelder is 2 years younger than me.
I have emphysema, am a prostate cancer survivor, have osteo-arthritis in my hands (I'm now a card dealer at an Indian Casino)and, like GW, have disintegrating cartilege in my knees so can no longer engage in trail running, yet my physician sees no medical reason why I won't continue to function medically and mentally for at least another 15-20 years.
A healthy woman has at least five years of competence over an equally aged and healthy male; therefore, Alice should last longer than a 56 year old male nominee.
All that said, would seem Agism is running rampant at BrosJudd.
Mike
Mike: 2 years younger than I.
Posted by: Robert Schwartz
at September 22, 2005 12:37 AM
Mike, you're ten years younger than I. We share cartilage deficient knees and arthritic hands which I blame for all the typos in my comments. There are other ailments to numerous and boring to mention. I'd be happy with 10-15 more years of lucidity, but that may be asking too much of this tired old brain.
Robert,
Dr. could've been wrong regarding my mental faculties, as basic grammar (sp?) would seem to have escaped me.
While I love the great links you provide oj, I'm a little disappointed you'd take me to task over this relatively minor item.
The rest of you;
I'm truly ashamed that you would even consider a 61 year old, male or female, too old for the SCotUS.
oj,
If she's the one, the book is mine!!!!!!!
Mike
