The White House has said that President Bush will announce his nomination to replace Justice Sandra Day O’Connor tonight at 9 pm in a televised address. Rumors are swirling fast and furious that his choice is Edith Brown Clement, a Louisiana-based judge of the U.S. Court of Appeals for the Fifth Circuit. Never heard of her? Neither has anyone else. Here is her official bio.
If the rumors prove true, it’s most interesting that George W. Bush is, in a way, following in the footsteps of his father, George H.W. Bush, who of course appointed David Souter to the Supreme Court. Bush the First was promised by those that knew him that Souter was a reliable conservative. That turned out to be wildly incorrect. Yet here is another nominee with very little track record on the issues that matter the most to Bush the Second’s "base."
What do we know about her? The invaluable SCOTUSblog has provided this list (constantly being updated) of summaries of significant opinions that Judge Clement either wrote or signed on to. Based on an extremely quick read of the summaries: Judge Clement favors the rights of criminals over the rights of victims, is insensitive to people with AIDS, and doesn’t think that the estate of a mother and daughter killed when an 18-wheeler slammed into their car are entitled to any pain and suffering damages, presumably because their lives were snuffed out too quickly rewards negligent truck drivers for killing their victims quickly rather than just injuring them. (Better than my first version, isn’t it?) Or, Judge Clement is a reasonable judge who takes each criminal case as it comes based on the particular facts, understands that AIDS is a serious disease but recognizes that people with AIDS can continue to live productive lives for many years after being diagnosed, and is the kind of judge who is able to apply the law even-handedly even when the result may tug at the emotional heartstrings. Take your pick.
UPDATE: SCOTUSblog is backing off the Edith Clement predictions. Sounds like no one who really knows anything was behind the rumors. Let’s all just wait ’til 9 pm. It’s not that long from now.
The simple fact that you’re not screaming in agony at the prospect of Clement as the SJC nominee means that she’s a horrible candidate. I’m certainly hoping the person they pick gives you guys nightmares for a month. :-)I seem to recall a senate Democrat (Leahy, iirc) suggested they might look outside of the appeals judiciary for a pick. Perhaps if they nominate Karl Rove, then the Plame nonstory will finally be laid to rest?