Thursday, July 9th, 2020
Who's on President Seaborn's list to replace Rachel Carmine?
Supreme Court Justice Rachel Carmine's announcement on Monday that she will retire from the Supreme Court, effective July 31, has opened the floodgate to speculation on who President Sam Seaborn will nominate to replace her.
This vacancy will be Seaborn's first chance to affect the make-up of the nation's highest court, something that became a rallying point for Democrats since the court shifted to the right after three appointments by Glen Allen Walken. Seaborn campaigned on making sure the nation's judiciary "is full of wise and talented men and women whose composition reflects our increasing diversity", a pledge to appoint more women and minorities to the federal judiciary. Because only one justice (Roberto Mendoza) is an ethnic minority, speculation is heavy that the president is interested in appointing an African-American, or other ethnic minority, to the court. But there are also plenty of rumors that the president is instead focusing exclusively on female candidates regardless of race, in order to keep the court's current gender balance.
Here are the seven people who have been labelled as the favorites to succeed Justice Carmine:
Derrick Adams of Illinois, U.S. Court of Appeals for the Seventh Circuit: Appointed to the Seventh Circuit by Matthew Santos, Adams was mentioned as a possible Supreme Court nominee in the event of either a second Santos term, or if Jimmy Fitzsimmons had prevailed in the 2014 election. Known for his incisive opinions and previous career as the principal of an inner-city high school, Adams, 63, is seen as a firm liberal.
Ruth Sandberg Cutler of New York, president of Harvard Law School: If Matthew Santos had his way, Cutler would have been a federal judge. But unfortunately, her nomination was stalled long enough by the Republicans that it expired when a new Congress met shortly before Santos left the White House. Instead, Cutler, 57, returned to academia, where she's become one of the leading scholars on constitutional law. When she does voice her own opinions, it seems that she is in the same mold of former justice Joseph Crouch, who she clerked for as a recent law school graduate in 1988.
Olivia Emmett Franklin of South Carolina, U.S. District Court for South Carolina: Franklin, 53, was appointed to the district court by Josiah Bartlet in 2003 and took over as its chief judge last year. She took an unconventional route to the federal bench: she grew up in poverty in rural South Carolina, and became the first person in her family to graduate from college, working several jobs during both undergraduate and law school. After graduating from Harvard Law School, she spent a decade working for advocacy groups in the South before her appointment. Her views have been described as "moderate-liberal".
Ainsley Hayes of North Carolina, former White House Counsel: Hayes is currently a professor of law at the University of North Carolina, but before then worked for each of the three previous presidents, serving as White House Counsel for presidents Santos and Walken. Hayes, 52, is an outspoken conservative, but she and Seaborn are good friends from their days together in the Bartlet and Santos administrations. She would also easily pass through a Republican-controlled Senate. Hayes was spotted leaving the White House earlier today, making it possible that she has already begun to be vetted for the position.
Keisha Kersey Howard of New York, U.S. Court of Appeals for the Second Circuit: It didn't surprise anyone when Josiah Bartlet named Howard to the Second Circuit in 2004. The daughter of legendary trial lawyer Bernard Kersey, Howard inherited her father's legal acumen and sharp verbal wit. Prior to joining the court, Howard, now 55, was a partner in her father's former law firm and before that, a clerk for Chief Justice Roy Ashland. She has drifted towards the center during her time on the bench, although she remains a firm opponent of tort reform.
Ronald Lin of California, U.S. Court of Appeals for the Ninth Circuit: A long-time Department of Justice attorney, Lin, 49, was one of Seaborn's first appointments to be confirmed when he was named to the bench in March 2019. Before his well-regarded time in the Justice Department, Lin clerked for former Justice Marianne Brannigan. His record during his brief time on the court indicates a liberal bent, but he has written favorably about school choice and voiced skepticism of affirmative action programs.
Terrence Watkins of Maryland, Maryland Court of Appeals: The chief judge of Maryland's state supreme court, Watkins, 61, is an outside pick for the court. He was a defense attorney in Baltimore County before becoming a trial judge, then was appointed by former governor (and current senator) Joe Derrick (D) to his position on the MD Court of Appeals. Watkins has shown a curious originalist bent to his generally liberal opinions, leading him to break ranks to join his conservative peers in certain cases, depending on the law or case law being discussed.