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McCain And Judges: An Exercise

06 May 2008 01:35 pm

Here's a way to think about the list of folks who signed up to be on John McCain's judicial advisory panel.

I'm enabling comments to allow readers to figure out (for me) the names of major conservative/libertarian/law-and-order legal stalwarts who did NOT sign on....

In other words... who's NOT on the list?

Comments (22)

Enabling comments? That's very big of you Marc.

Seriously - grow a pair and have comments like every other real blog in the world.

You deign to let us comment? WoW!

That's not how "crowd sourcing" works, Marc. Either respect your loyal readers all the time, and keep a two-way conversation. Or not.

Cheers,
Sade

Just off the top of my head:
Robert Bork
Ed Meese
Doug Kmiec
Clint Bolick
John Yoo

Kris Kobach

Somewhat-prominent conservative legal scholar and Chairman of the Kansas Republican Party. Professor at my law school. Pretty solid resume if you're a Republican, but has ties to Ashcroft (no friend of McCain) and is way right of McCain on immigration.

http://www.law.umkc.edu/faculty/kobach.htm

http://en.wikipedia.org/wiki/Kris_Kobach

Harriet Miers
Alberto Gonzales
John Ashcroft

Jay Sekulow (ACLJ)
Alan Sears (ADF)
David McIntosh, Gary Lawson, Eugene Meyer (Federalist Society)
Ed Meese was a glaring omission, IMHO.

Jack Goldsmith

No one from the University of Chicago. I guess they are all going with their comrade Barack Obama - or remaining neutral. Super libertarian Richard Epstein does not do politics - he has a pox on both their houses attitude.

Ken Starr

Dick Thornburg. Victoria Toensing. Joe DiGenova. Wendy Long.

C. Boyden Gray! and his Committee for Justice is THE guy.

Michael Luttig.

JW points out that Doug Kmiec is not on the list. Not only that, but Kmiec endorsed Obama in a piece on Slate's law blog a few weeks ago.

*Chief Justice John G. Roberts, Jr.
*Justice Antonin Scalia
*Justice Anthony P. Kennedy
*Justice Clarence Thomas
*Justice Samuel A. Alito, Jr.

* only in the event of a contested election

*Chief Justice John G. Roberts, Jr.
*Justice Antonin Scalia
*Justice Anthony P. Kennedy
*Justice Clarence Thomas
*Justice Samuel A. Alito, Jr.

* only in the event of a contested election

In regard to "who did not sign in", let me say this -

* you Amblinders? Getting lonely in there with a nation of 1? Aren't you concerned that ANY outside input might infect the purity of unchallenged opinion in your no flay zone?

Mrs Amblinders removes little "Marc y" from the public school system so he won't be bullied by the bigger kids. He will receive all his instruction at home from now on. Tucked under the covers with a warm cup of cocoa.

Comments like that add so much, I can't imagine why he'd disable them.

Dictator of tiny, impoverished, Third World blog site seeks outside help.

U.N. decrees that he must first address flagrant human rights violations within his realm.

A number of good ones already, but here are a few:

Carter Phillips
Viet Dinh (Georgetown Prof, architect of the PatAct)
Current SGs Paul Clement (though, this may not be done)
Eugene Meyer (Fed society pres)

Not only is Meese not there, there is no one from Heritage - is there? So, for example, Robert Alt isn't there.

Anyone from AEI? I don't think so...

Roger Pilon or anyone from CATO?

A glaring omission:

Prof. Scott Horton (of "No Comment" fame). A highly respected, self-described "conservative" legal scholar, who admitted to "advising" and "assisting" the John McCain campaign last year, while we were still in the thick of the G.O.P. primaries (and McCain was considered to be dead in the water).

Mind you, he (Prof. Horton) told me this personally (at a legal symposium), and I have never known if he had made his advisory status public. He explained his preference for Sen. McCain based upon McCain's public stance against torture, and his supposed support for the rule of law.

I am sincerely curious as to who declined who in this scenerio.

of those named so far, the most significant, sadly, is Sekulow. his absence could indicate an unsurprising suspicion of McCain in the "life" quarter of the world of influential conservative law-talking-guys. [As an aside, I love the reductionist euphemism these people come up with: their big issues are "life" and "marriage" and "judges," etc. it's gone from issue-framing to pure nouns]

Ditto but with less force for Ed Meese. O/c, their absence could also be self-protecting: they know their base is suspicious of McCain, and don't want to run too far ahead of that base, but will inevitably come around to trying to influence a McCain administration, if it happens.

Meanwhile, Gray and other the big names here don't mean as much by their absence; they would just represent more mainline business/defense conservative presence -- which, as is the point of the post, McCain already has in spades.

Mary Ann Glendon, of Harvard Law and now ambassador to the Vatican. Very pro-life and anti-gay marriage, and she was connected to the Romney campaign.


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