ADVERTISEMENT



Google       

Home -> Law Blog Directory -> Legal News Blogs -> Law Blog - WSJ.com

OR PHONE (866) 635-1838 for Bankruptcy Help, (866) 635-6190 for Divorce,
(866) 635-2689 for Personal Injury or (866) 635-9402 for Criminal Defense

Find a Local Lawyer

Bankruptcy (866) 635-1838
Divorce (866) 635-6190
Personal Injury (866) 635-2689
Criminal Defense (866) 635-9402

Bookmark

Legal News

: Law Blog - WSJ.com

Filibuster Of Stevens Replacement ?Unlikely,? Say GOP Senators

By Ashby Jones

ADVERTISEMENTS

kylWhen President Obama announces his choice to replace the retiring Justice John Paul Stevens, we won’t be entirely surprised to read about attacks from the right — concerns about abortion, “judicial activism,” and the like. As there was with Obama’s first pick — Sonia Sotomayor — there will be controversy.

But for now, at least judging from the tenor displayed Sunday on the talk-show circuit, Senate Republicans don’t seem all that revved up, all that eager to come out swinging. Perhaps we’re misinterpreting their remarks Sunday, but they seem to be signaling that they might be okay with any of the five names getting mentioned most prominently — Solicitor General Elena Kagan, Seventh Circuit judge Diane Wood, D.C. Circuit judge Merrick Garland, Homeland Security Secretary Janet Napolitano and Michigan Governor Jennifer Granholm. Click here for the WSJ story on the Senators’ Sunday remarks.

When asked on “This Week” if any of those five possible nominees seemed overly ideological, Sen. Jon Kyl (R., Ariz.) said he thought they were all “nominally qualified.”

Others who spoke on the topic Sunday didn’t rule out the possibility of a filibuster, but certainly didn’t appear to think one was imminent. Kyl (pictured), appearing on ABC’s “This Week,” said he believed that a Republican filibuster over any nominee was “unlikely,” but that he would “never take it off the table.” The judiciary panel’s ranking member, Sen. Jeff Sessions of Alabama, said Republicans believed “every power should be utilized to protect the Constitution” in the event that Mr. Obama were to nominate a judge outside the judicial mainstream. That said, Sessions hoped that no filibuster would prove necessary.

“What I object to and I think my colleagues would object to is somebody that comes in with preconceived notions about how particular cases should be decided,” Kyl said.

But again, there will be controversy. Which brings us to this WSJ story out Monday on Elena Kagan by Supreme Court correspondent Jess Bravin. Were she Obama’s pick, reports Bravin, controversy would likely spin around her role in a gay-rights lawsuit. In 2005, Kagan was one of 40 Harvard law professors who signed a friend- of-the-court brief urging the Supreme Court to uphold an appellate ruling that permitted law schools to limit military access to campus recruiting events.

At her confirmation hearing last year for solicitor general, opponents said Kagan’s position could disqualify her from office.

“Ms. Kagan’s extreme rhetoric makes it highly likely that she also favors same-sex marriage, both as a matter of policy and as a supposed federal constitutional right,” officials from the American Family Association, Focus on the Family and other conservative groups warned in a letter prior to her solicitor general confirmation hearings last year.


Full post as published by Law Blog - WSJ.com on April 12, 2010 (boomark / email).

Bloggers, promote your law blog by nominating your blog for inclusion in USLaw.com's Law Blog Directory and RSS Reader. Benefits described.
Related Law Articles

Lawsuits and Settlements

Related Searches

























































































































US Law
#1 Online Legal Resource













Your Blog Subscriptions
Subscribe to blogs

10,000+ Law Job Listings
Lawyer . Police . Paralegal . Etc
Earn a law-related degree
Are you the author of this blog? Adding USLaw.com to your Blogroll increases relevance. You qualify to display a USLaw Network badge.
Suggest changes to this blog's description or nominate another for inclusion. Register for updates.


Practice Area
Zip Code:

Contact a Lawyer Now!






0.0142 secs (new cache)