Alert David Mittell…
From Andrew M. Seigel, Associate Professor at the Seattle University School of Law, posting at Prawfsblawg (h/t Orin Kerr via Instapundit)…
Without further ado, here is my highly subjective lists of the ten people most likely to find themselves on the Supreme Court at the end of a first Obama term…
(8) Deval Patrick–Was already on a lot of lists before we knew his friend was going to be the nominee. The rare elected official with all the right legal credentials. Would be much higher if not for the rockiness of his term as governor.
I wouldn’t boost Gov. Patrick’s candidacy, but I do hope that — whichever candidate wins in November — there would be a chance of a nominee coming from somewhere other than one of the Circuit Courts.
All of the present Justices are former Judges on one of the U.S. Courts of Appeals; Justice Stevens from the 6th, Justice Kennedy from the Ninth, Justices Breyer and Souter from the First; and the Chief and Justices Scalia, Thomas, and Ginsburg from the D.C. Circuit.
Justice Souter served as a trial judge in New Hampshire for five years, and on that state’s Supreme Court prior to his appointment to the First Circuit. He’s the only one with non-federal judicial experience.
Except for Justice Thomas, who ran a fairly large federal agency, none of the current Justices has any significant experience in the Executive or Legislative branches of government.
Would it hurt to have someone at the conference table who had faced the electorate once in his or her life?
Who had actually had to pilot a bill through committees and defend it on the floor?
Who had worked on a budget or (heaven forbid!) managed a private business?