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Michael McConnell Focus of Early Speculation on Miers Replacement

Speculation on Harriet Miers’s replacement has begun. Two top Beltway insider publications, ABC’s The Note and Hotline, are focusing on 50-year-old Utah native Michael McConnell. Here’s the Note:

Fast replacement? White males need apply? Does Miers keep her White House job? Leaks about how Miers got picked? Will anyone but historians read the Miers do-over questionnaire which was about to be released? Lessons for the President? Lessons for the conservative movement? What will Rush say at noon?

Stay tuned . . . .

(Oh, and Michael W. McConnell.)

Also, Hotline blog:

One name we’re hearing a lot this morning (including from a White House official) is appeals court judge Michael McConnell, who is based in Utah.

Some facts on McConnell, courtesy of ACSBlog:

– On privacy and reproductive rights: “While he has yet to have ruled on a case related to reproductive rights, in 1996 McConnell signed a statement in support of a constitutional amendment that would ban abortions. The statement read, ‘We believe that the abortion license is a critical factor in America’s virtue-deficit.’”
– On environmental protection and property rights: “Writing for a unanimous panel in Biodiversity Associates v. Cables, 2004, McConnell upheld a federal law that permitted logging in the Black Hills National Forest in South Dakota.”
– On federalism: “McConnell appears to adhere to the principles of the Constitution In Exile movement that criticizes the federal courts for granting too much deference to the legislative and executive branches of government.”
– On sexual harrassment: “McConnell criticized the Supreme Court’s 1998 opinions that have helped to combat sexual harassment. McConnell called the court’s decisions in Burlington Industries, Inc. v. Ellerth and Faragher v. City of Boca Raton, which held that employers could be liable for sexual harassment by suprvisors, losses for the ‘conservatives on the Court’ that would result in ‘unleashing plaintiffs’ lawyers on the nation’s workplaces to enforce codes of civil behavior’ and ‘fear and resentment.’”

Cultural right leader Jay Seculow of the American Center for Law and Justice said last summer that “Michael McConnell would be my choice.” Perhaps he’ll get his wish.



44 Responses to “Michael McConnell Focus of Early Speculation on Miers Replacement”

  1. SpudgeBoy says:

    Yes, because we need a mormon on the SCOTUS. That should send the right wing into a complete tail spin. Good job Bush. You’re doing a heckuva job.


  2. DraftPrado says:

    Time for a Uniter, not a Divider: Judge Edward Prado


  3. greg wirth says:

    [McConnell] does believe that the Supreme Court has gone too far in reading the total separation of church and state into the Constitution, and because he …understands that Roe v. Wade has no firm constitutional foundation. He might be acceptable to the left not only because so many liberal professors support him, but also because he has been public in his criticism of Bush v. Gore and the impeachment of President Clinton (from Wikipedia search on McConnell)


  4. profmarcus says:

    jeffrey feldman over at kos has posted an excellent diary about how we need to be extremely sensitive to the wh communications strategy right now… his point is that the miers withdrawal was timed precisely to do the usual bushco “change the subject” and distract the media from the coming indictments… so far, it’s working… i highly recommend reading his diary in full… i have posted an excerpt and here are the links to my post as well as his diary…

    http://takeitpersonally.blogspot.com/2005/10/on-changing-subject-and-being-wary-of.html

    http://www.dailykos.com/storyonly/2005/10/27/94020/511


  5. txexspeedy says:

    I wouldn’t put much stock into what the “insiders” say. Nobody foresaw Harriet’s nomination.

    It is interesting to see what will happen to Harriet now. A medal or something, maybe?


  6. Admin says:

    Sure they did, #5 — there were reports about her being the main focus 4 or 5 days before she was picked…


  7. The Northeast Dilemma says:

    Emilio Garza of the 5th Circuit or Sam Alito.

    Bush needs his base if he expects to fight you fools over impeachment.


  8. Ugh says:

    Can I just say that there is no such thing as the Constitution in Exile movement and that Cass Sunstein made the whole thing up? Thank you.


  9. katy says:

    off topic, but something else of interest on the Note;

    In a must-read op-ed for the Wall Street Journal, Georgetown Law Professors Viet Dinh and Neal Katyal dissect why Ashcroft’s decision to grant Fitzgerald all the power of the Attorney General have created the “spectacle” that Fitzgerald, a “respected prosecutor of unquestioned integrity,” may face claims of “an unwarranted prosecution.”

    “UNWARRENTED”…probably that technicality thing again…
    sorry, i can’t read the wsj op-ed page…

    and this: “White House Plans to Deflect”
    http://www.latimes.com/news/nationworld/nation/la-na-assess27oct27,0,1051268.story?coll=la-home-headlines


  10. Zookeeper says:

    Not thrilled about this dude, but he has a paper trail. Georgie has spent all his capital. This nomination could be held up for a long time. Fun!


  11. Archie's Grandson says:

    Let’s review Bush’s criteria used to select Miers:

    The nominee must be:
    * a woman
    * NOT a member of the “judicial monastery”

    Also, we know he tends to like sycophants, but given the Roberts choice, this doesn’t seem to be a requirement.

    Frankly, I’m in no position to know who would qualify, given these requirements. Of course, there is no guarantee that he will keep these as his qualifications. However, he did have a list of people he was reportedly considering, and apparently, all the men were lopped off the list immediately.

    Would Kay Bailey Hutchinson interested?


  12. Anthony Blairite says:

    As if said in other discussions, why not Fitzgerald.


  13. Jay says:

    Dilemma,

    Are you conceding that Bush may face impeachment? Wow, that’s the first time I’ve heard someone on the right make such a statement without attaching a “keep dreaming as we remake the world” statement.

    Has reality finally started to sink in for you? If so, I’m proud of you buddy, it’s hard work but you’re making progress.


  14. Florida Liberal says:

    I told you. This is worse then I thought it would be. Omigod what’s that sound? It sounds like the whole world is laughing at us…


  15. Alan says:

    Is that the worst hair cut ever? How can you take someone seriously (outside of university) that won’t spend a few dollars on a decent haircut.


  16. The Muse says:

    Can you believe it? White House Sets Job Fair

    Supreme Court Nominee: “seeking ‘best Supreme Court nominee ever’ to replace ‘worst Supreme Court nominee ever’; no prior judicial experience needed, but candidate should possess a good heart and have James Dobson on their speed dial…”


  17. skybluewater says:

    ‘We believe that the abortion license is a critical factor in America’s virtue-deficit.’”

    Gosh, and I thought the whole virtue deficit resulted from people not reading Bill “Degenerate Gambler” Bennett’s book…


  18. Tony W says:

    Where’s the outrage that Ms Miers never got a “fair up or down vote”..well like most “outrages” it’s only applicble if it’s your ox is getting gored…Nominate whomever you want to George, I just don’t want to hear the hypocracy of the “fair up or down vote” from the right


  19. wisedup says:

    If bushie picks this guy, this tells it all. He would never pick someone who doesn’t agree with him. Right turn clyde.


  20. andrew seal says:

    I think it’s going to be tougher for the next nominee, regardless of who it is. McConnell is highly respected, but he–or Luttig–will definitely be walking a tight rope.

    As I just actually posted about this topic, here’s my thinking.


  21. kjlovell says:

    It is really really hard to be confirmed to the SC when you have a ‘target letter’ hanging out of your back pocket. Bye bye harryet!


  22. Archie's Grandson says:

    I think if Dubya doesn’t want to be sleeping on the First Couch, he’s got to pick a woman. Also, after reflection on the bloodletting of the last 3 weeks, it seems that he will want a woman with a nice, fat right-wing record.

    Besides, maybe a fight in the Senate is the perfect distraction from all the indictments due shortly.

    Therefore, I strongly suspect the Stygian Witches (a.k.a. Priscilla Owen, Janice Rogers Brown and Edith Jones) are at the very top of the list now.


  23. Andrew C says:

    Well, it’s not perfect, but this guy doesn’t seem like devil spawn or anything. I stole this from msnbc.com too…

    [i]Based on his reading of the law, he opposed President Clinton’s impeachment and the Supreme Court’s 2000 ruling in Bush v. Gore that made George W. Bush president.[/i]


  24. not_gonna_happen says:

    #3 (Greg): Where is that text from?

    Because if “he …understands that Roe v. Wade has no firm constitutional foundation”, that right there should disqualify him. That belief is a contradiction that Roe v Wade was in fact ratified by the States. It’s like saying that the Constitution’s amendment process is wrong.


  25. Zookeeper says:

    #15 – That’s what happens when you won’t let a gay man touch your hair. (The Great Jon Stewart)


  26. Pete Bogs says:

    is that Sidney Pollack’s brother with a bad hairpiece, or what?


  27. Mikey! says:

    Too bad the first comment on this post was a slam at this guys religion.

    Would have been so easy to say something like “he’s the only person they could find with a worse haircut than Meirs.”


  28. T.J. says:

    Looks like his mom(barber) couldn’t find a cereal bowl so used the fluted candydish instead.


  29. War4Sale says:

    #15, My thoughts exactly!

    I think it’s actually a bad rug, though. In any case, it screams “poor judgement.”


  30. SpudgeBoy says:

    #27

    I am not religious, but I was raised that way. Let me tell you something about the mormons, they have giant gold bulls in their inner sanctuaries.

    So, am I against religion? You betcha. Am I really against mormons? Just as much as I am against moonies, jehova’s witnesses and David Coresh’s followers.

    Organized religion is the scourge of this planet.


  31. Redleg says:

    Actually, the Mormons and fundie Christians do have a lot in common. Mormons tend to be politically conservative, tend to have no problem mixing their church and state, and favor “free”-markets and government de-regulation of business. Plus they tend to like to have lots of children and tend to despise homosexuals.

    Notice I said “tend to.” Certainly there are a few Mormons who are different.


  32. BalRog says:

    #15, #29: Actually I thought Bolton’s hair was worse.

    In fact, put a “beached walrus” mustache on McConnell and he and Bolton would be hard to distinguish in a police line-up.


  33. mighty aphrodite says:

    Watch for Maureen Mahoney – or Michael Luttig!


  34. Ryan Neat says:

    If bush hasn’t fvcked them, or gone to church with them (same thing?) he won’t pick’em.


  35. WaltTheMan says:

    Hillary is the obvious choice – opens a senate seat in NY for a GOOP candidate (PaTacky?) – gets her out of the 2008 race for Prez and inserts a right-of-the-road Democrat into the court.
    Giuliani is out of the picture – if he peed downwind, he’d get it in his face.
    McConnell looks too much like Captain Kangaroo (Sorry Bob K.) to qualify for anything but a spot on the Disney Channel.
    Of course, W can always fall back on his smart twin – Alfred E. Neuman.


  36. Stinky Neat says:

    #1… Just because one lives in Utah does not automatically make them a Mormon. McConnell did not move there until 1997 when he took a position as the Presidential Professor at the U of U law school.

    That’s like me saying everyone in NY is Jewish or that everyone from Boston is a Catholic. It tends to make one look stupid…


  37. Chris says:

    FYI – Judge Michael McConnell is neither Mormon nor a Utah native. He is originally from Louisville KY (and is no relation to Senator Mitch McConnell).


  38. WaltTheMan says:

    How about this for a benchmark? -
    Texas – Child victims of a failed educational system, thanks to GWB. No child left ahead.


  39. JIMBO says:

    McConnell looks like someone who hasn’t had any ever.
    If you know what I mean, Wink Wink, nudge nudge. He looks more like the 55 Year Old Virgin.


  40. Stinky Neat says:

    But to automatically assume and make a disparaging remark based on that assumption is just plain ignorant.


  41. Jae says:

    Judge McConnell is married and has three kids, one of whom I’m privileged to know. And we could do a lot worse than a SCOTUS nominee whose worst flaw is a bad haircut…


  42. JUD says:

    Since when do we worry about a judge’s hairstyle? It seems a pretty shallow thing to focus on. Frankly, I would prefer someone whose first loyalty is not to their hair, but to their mind and the minds of others. Someone who takes their time not in front of the mirror making sure the outer image is picture perfect, but instead someone who is right on the inside. With McConnell, you don’t need to be worried about the schmoozing and wheeling and dealing. He is full of both knowledge and integrity. Having met him and having known someone who worked with him, I can say that he fair-handed, even-headed, wise, thoughtful, balanced and extremely intelligent and capable. He is well-respected and supported by a great many collegues both republicans and democrats alike because of his ability to fairly address issues. I believe McConnell is the kind of Judge Bush should be seeking out.


  43. Bankruptcy Attorney In South Dakota says:

    Bankruptcy Attorney In South Dakota

    I couldn’t understand some parts of this article, but I guess I just need to check some more resources regarding this, because it sounds interesting.


  44. Carpet lover says:

    Carpet lover

    I never knew that this was the case, some searching on Google showed me you where right, thanks for the post.



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