Tuesday, July 19, 2005

Will It Be Clement?

UPDATE: This post is now entirely moot. Bush has made his choice.

President Bush appears to have picked a nominee to replace Sandra Day O'Connor on the Supreme Court. Speculation is running wild that the nominee will be Judge Edith Clement of the U.S. Court of Appeals in New Orleans.

A little birdy has told Hugh Hewitt to start digging up background on Clement, Drudge is reporting that the possibilities include many besides Clement, and Bench Memos has this:

FOX News has learned that Clement has been interviewed by Vice President Dick Cheney, a possible sign that she is the choice for the high court.

Asked whether he expected an announcement, Senate Majority Leader Bill Frist, R-Tenn., said Tuesday, "I don't know, but I don't think so."

White House press secretary Scott McClellan would say only: "The president is closer today than he was yesterday on naming a nominee,"

Robert Alt adds:

Just a couple of hours ago, I was convinced that Clement was going to be the pick, based not simply on the popular sentiment, but on a series of conversations Ive had with people in positions to know things over the past few days. But in the last couple of hours, a number of people I trust have expressed that they are now less than convinced, thinking that perhaps Bush will pull a last minute switch. There is even some suggestion that the nominee might not be at the White House when he makes the announcement tonight (which does not make much sense to me, given the prime time spectacle of the thing). There is still some last minute candidate promotion going on, and I note that Judge Alice Batchelder from the Sixth Circuit not only received high praise from Christopher Flannery today on NRO, but that Peter Schramm of the Ashbrook Center likewise has joined the fray in making the case for Batchelder.

It looks like it is still anybody's guess, but Clement still appears to be the odds-on favorite. One thing that seems crystal clear is that Bush will nominate a woman. And, as we all well know, that woman will be fought tooth and nail be the Democratic Party, regardless of who she is.

In fact, as Protein Wisdom notes, Barbara Boxer and others may be already gearing up.

But how likely is that? On FOXNews today, Barbara Boxer described “extraordinary circumstances”—the requisite standard for overriding the judicial compromise agreement—as being anything that would upset established law and “roll-back rights,” among them “workers rights,” “environmental legislation,” and “privacy rights.” Which would seem to suggest that at least some Democrats will push for a filibuster in the event that George Bush nominates someone other than Ralph Nader.

Personally, I think there would be an attempt to filibuster even if Bush nominated Jesus Christ himself. Check that...Jesus would cause heads to explode. He is far too controversial.

UPDATE: Malkin links an ABC News article claiming that Clement is not the choice.

An informed source told ABC News they had spoken with Clement and said she received a phone call from the White House this afternoon. According to the source, Clement was thanked for meeting with the president and sharing her views on the Supreme Court, but that the administration has decided to go in a "different direction."

Check Malkin to see who is left.

Also posting: Right Side of the Rainbow, Power Line

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