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Note: This post has been updated because I located 2 additional published opinions in cases on which Judge Srinivasan sat, one of which bears mentioning. I also added a discussion of FOIA cases at the end.
Multiple media reports say that there are only five potential nominees to fill the Scalia seat: Ketanji Brown Jackson, Merrick Garland, Jane Kelly, Sri Srinivasan, and Paul Watford. In this post, I assume that is correct.
Having argued twenty-five cases before the Supreme Court, served under five Solicitors General, and won unanimous confirmation to the D.C. Circuit, Sri Srinivasan is an obvious candidate to be considered for the Supreme Court. Politically, his experience and heritage make him a compelling choice.
Michael Gerhardt is Samuel Ashe Distinguished Professor in Constitutional Law at the University of North Carolina at Chapel Hill, Scholar-in-Residence at the National Constitution Center, and Visiting Scholar at the University of Pennsylvania Law School.
Judge Raymond Lohier has flown under the radar in predictions about the next Justice. However, his Haitian heritage, reputation as a federal prosecutor, and unanimous confirmation to the Second Circuit suggest that he deserves a closer look. Born in 1965, Lohier grew up just outside Philadelphia.
Judge Jane Kelly was confirmed to the Eighth Circuit by a vote of ninety-six to zero. Throughout the process, she had the enthusiastic support of her home state senator, Iowa’s Chuck Grassley. Today, Grassley is at the center of the nomination process.
Leahy is the Ranking Member of the Senate Judiciary Committee. Supreme Court Justice Louis Brandeis, a staunch believer in open government, famously said that sunlight is the best disinfectant.
U.S. Senator Chuck Grassley of Iowa is the Chairman, Senate Committee on the Judiciary. The Constitution grants the authority to nominate and approve Supreme Court Justices to coequal branches of the federal government.
There is very little concrete information about whom the president is considering as a Supreme Court nominee. There were reliable reports that the administration was vetting Brian Sandoval, Nevada’s Republican governor, and is vetting federal district judge Ketanji Brown Jackson.
The Constitution vests in the President the power to appoint judges to the Supreme Court. It’s a duty that I take seriously, and one that I will fulfill in the weeks ahead. It’s also one of the most important decisions that a President will make.
My thinking about the likely nominee to replace Justice Antonin Scalia continues to evolve. His untimely death surprised everyone. The White House is now compiling a list. Democrats are gearing up to support whatever nominee is chosen.
UIPDATED 8:28 p.m. The Senate majority leader, Mitch McConnell of Kentucky, immediately made clear that the Senate GOP leadership will resist any nominee to succeed Justice Scalia.