Federal Judiciary

Kathleen Sullivan: SCOTUS or 9th Circuit?

By Curt Levey

The subplot to yesterday?s announcement that Michael McConnell is leaving the Tenth Circuit is that he will be replacing Law Professor Kathleen Sullivan as Director of Stanford?s Constitutional Law Center. It?s hard to imagine that the ultra-liberal Sullivan is happy about being replaced by the conservative McConnell. That leads me to speculate ? until I hear otherwise ? that either Sullivan was forced out or, more likely, that she anticipates leaving Stanford in the near future, probably for an appointment by President Obama. Sullivan could almost surely have secured a high-ranking position in the Obama Justice Department, but didn?t, so I?m guessing her interest lies with the federal bench.

The nightmare scenario is that Sullivan expects to be named to fill Justice Souter?s seat on the Supreme Court. She is often listed among the leading contenders. My guess is that President Obama is too much of a pragmatist to name Sullivan, who has been a leading advocate of gay marriage in California, to the High Court. In that case, she may well be anticipating appointment to the Ninth Circuit, where she?ll fit right in.

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Full post as published by ConfirmThem on May 06, 2009 (boomark / email).