Ah, geez, you found me out.
-----Original Message-----
From: Academy of Legal Studies in Business (ALSB) Talk on behalf of David W. Opderbeck
Sent: Sat 7/2/2005 1:30 PM
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Subject: Re: A washingtonpost.com article
You don't like Gonzalez? Next thing you'll be telling us you're against torture. Sheesh.
David W. Opderbeck
Assistant Professor of Business Law
Baruch College, City University of New York
(646) 312-3602
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"Ingulli, Elaine" <[log in to unmask]>
Sent by: "Academy of Legal Studies in Business (ALSB) Talk" <[log in to unmask]>
07/02/2005 07:52 AM AST
Please respond to "Academy of Legal Studies in Business (ALSB) Talk"
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Subject:Re: A washingtonpost.com article
Ah, if only....Who I fear is Gonzalez (book recommendation: Under the Wire)...
As to weekend socialists--oh, no, the weekends are the time to be bourgie....theater, flicks, wine.... Like War of the Worlds: it's pretty cool....
-----Original Message-----
From: Academy of Legal Studies in Business (ALSB) Talk on behalf of David W. Opderbeck
Sent: Sat 7/2/2005 2:15 AM
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Subject: Re: A washingtonpost.com article
Bill, I think they're just keeping you in their back pockets so they can spring your nomination at the last minute. It's a diversionary tactic.
Elaine -- if outstanding judges like Sam Alito and brilliant scholars like Mike McConnel make you want to move to Canada yet, go to France. You can move in with Alec Baldwin and the rest of the weekend socialists who were going to flee the country when W. was elected. :-)
David W. Opderbeck
Assistant Professor of Business Law
Baruch College, City University of New York
(646) 312-3602
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Bill Shaw <[log in to unmask]>
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07/01/2005 07:15 PM
Please respo gal Studies in Business (ALSB) Talk"
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Subject: Re: A washingtonpost.com article
Speaking to George W this morning, he he said my
chances weren't good. That make you even happier?
=========
< ospace,Courier">>Well, that certainly cheered me up.
>Another reason to move to Canada.
>
>-----Original Message-----
>From: Academy of Legal Studies in
>Business (ALSB) Talk on behalf of Bill Shaw
>Sent: Fri 7/1/2005 6:18 PM
>To: [log in to unmask]
>Cc:
>Subject: A washingtonpost.com ar >
>>Possible Nominees to the Supreme Court
>>
>>Samuel A. Alito, Jr., 55, is a judge on the U.S. Circuit Court of
>>Appeals for the 3rd Circuit.
>>
>> Nominated by President George H. W. Bush to the court in 1990,
>>Alito was educated at Princeton University and Yale Law School. His
>>work experience includes stints as assistant to the Solicitor
>>General and deputy assistant to the Attorney General during the
>>Reagan Administration, and as U.S. Attorney for the District of New
>>Jersey.
>>
>> Alito has ns on abortion, notably as the
>>lone dissenter in a 1991 case in which the 3rd Circuit struck down a
>>Pennsylvania law's requirement that women tell their husbands before
>>having an abortion. The three-judge panel preserved most elements of
>>the abortion control law, including a 24-hour wai >requirement that minors notify their parents. But Alito argued in
>>his dissent that the spousal notification provision did not impose
>>an "undue burden" and also should have been upheld.
>>
>> In other rulings, Alito wrote for the majority in 1997 in finding
>>that Jersey City officials did not violate the Constitution with a
>>holiday display that included a creche, a menorah and secular
>>symbols of the Christmas season. In 1999, he and his colleagues
>>found that a Newark policy that allowed medical, but not religious,
>>exemptions to a ban on police off ted the
>>First Amendment.
>>
>> -- Christopher Lee
>>
>> Sen. John Cornyn, 53, is the junior
>senator from Texas, elected in 2002.
>>
>> Since his election, Cornyn -- nicknamed "Johnny Boy" by Bush -- has
& proponent of the president's administration and
>>the conservative branch of the GOP. But prior to arriving in
>>Washington, Cornyn's reputation as Texas Attorney General and as a
>>Texas Supreme Court justice was that of a moderate Republican.
>>
>> His seven-year tenure on the court was characterized by decisions
>>favoring business and limiting government control. But he also wrote
>>the majority decision in 1995 upholding Texas' so-called Robin Hood
>>school finance law in which wealthier school districts share money
>>with poorer ones, a plan that Republicans have been trying to
>& >
>> During his four years as state attorney general, Cornyn angered
>>some local Republicans for trying, unsuccessfully, to modify a
>>ruling by a previous attorney general that eliminated affirmation
>>action programs at Texas colleges. He nce
>>firms for underpaying claims and for deceptive trade practices and
>>prosecuted unscrupulous nursing home operators, as well as appeared
>>before the U. S. Supreme Court to defend a small Texas school
>>district that broadcast student-led prayer before football games.
>>The court ruled against the school-sponsored practice.
>>
>> In the Senate, Cornyn, 53, has led efforts to defend Bush's
>>judicial nominees and to fight filibusters of nominees, writing
>>National Review articles that label opponents as "liberal special
>>interest groups" engaged in "vicious politics." He spearheade adopt constitutional amendments banning gay marriage and
>>flag-burning and favors school vouchers, prayer in public schools,
>>extending the Bush-initiated tax cuts beyond 2010 and privatizing
>>Social Security. He opposes abortion an
>>except when a woman's life is endangered.
>>
>> -- Sylvia Moreno
>>
>> Emilio M. Garza, 57, is a judge for U.S. Court of Appeals for the
>>5th Circuit and has been on the short list for a Supreme Court
>>nomination before.
>>
>> Justice Department officials interviewed Garza in 1991, when he was
>>among a handful of candidates being considered by President George
>>H. W. Bush to succeed Justice Thurgood Marshall. But Garza then had
>>only three years of experience on the federal bench and his views on
>>many issues were unknown. Bush nominated Clarence Thomas instead.
>>
>> rn 58 in August, would make history as the first
>>Hispanic ever nominated to the high court.
>>
>> The former Marine captain earned bachelor's and master's degrees
>>from the University of Notre the University
>>of Texas School of Law. He practiced law in his native San Antonio
>>for 11 years and served as a state district judge for a year before
>>President Reagan nominated him to the U.S. District Court 1988.
>>Three years later Bush elevated him to the 5th Circuit.
>>
>> Since then Garza has developed a reliably conservative judicial
>>record that includes criticism of the Roe V. Wade abortion decision
>>of 1973. In 1997, Garza sided with the majority in upholding a lower
>>court decision that struck down parts of a Louisiana law requiring
>>parents to be notified when a minor child seeks an abortion. In his
>>concurring opinion, howev bout whether Roe
>>v. Wade was well-grounded in the Constitution.
>>
>> "[I]n the absence of governing constitutional text, I believe that
>>ontological issues such a rly decided in the
>>political and legislative arenas," Garza wrote. ". . . . [I]t is
>>unclear to me that the [Supreme] Court itself still believes that
>>abortion is a 'fundamental right' under the Fourteenth Amendment. .
>>. ."
>>
>> Garza would be the first Hispanic chief justice.
>>
>> -Christopher Lee
>>
>> Attorney General Alberto R. Gonzales, 49, has less time on the
>>bench than the other likely Supreme Court candidates but has one
>>crucial advantage: the close friendship of President Bush.
>>
>> Gonzales grew up as the son of impoverished Mexican immigrants and
>>went on to graduate from Harv . Bush, then
>>the governor of Texas, hired him as his general counsel and later
>>appointed him to the Texas Supreme Court. Bush brought Gonzales to
>>Washington el in 2001.
>>
>> The Senate narrowly approved Gonzales as attorney general in
>>February after he faced sharp criticism from Democrats over the role
>>he played in approving controversial detention and antiterrorism
>>policies.
>>
>> Yet legal experts say that the strongest opposition to Gonzales as
>>a Supreme Court candidate would likely come from the right, due
>>primarily to positions he has taken on issues like abortion and
>>affirmative action.
>>
>> While on the bench in Texas, Gonzales sided with a majority in a
>>2000 case allowing an unidentified 17-year-old girl to obtain an
>>abortion without notifying her parents, finding that she qualified
>>for an excepti n to that state's parental notification law. In a
>>concurring opinion, Gonzales said that to side with dissenters in
>>the case would amount to &q of judicial
>>activism."
>>
>> Gonzales also testified at his attorney general confirmation
>>hearing earlier this year that he recognized the Roe v. Wade
>>decision legalizing abortion as "the law of the land."
>>
>> Advisors close to the White House have said that Bush likes the
>>idea that Gonzales would be the first Hispanic chief justice.
>>(Benjamin Nathan Cardozo, a justice in the 1930s, was of Portuguese
>>and Jewish descent.)
>>
>> -- Dan Eggen
>>
>> J. Michael Luttig, 51, has been a favorite in conservative legal
>>circles for decades, going back to his clerkship for then-Judge
>>Antonin Scalia on the U.S. Court of Appeals for t;>1982-83.
>>
>> A graduate of Washington and Lee University and the University of
>>Virginia law school, L ief Justice Warren E.
>>Burger in 1983-84, practiced law in the private sector from
>>1985-1989, and then served in a variety of Justice Department
>>positions during the first Bush administration, where his duties
>>included helping current Justices Clarence Thomas and David H.
>>Souter win Senate confirmation.
>>
>> President George H.W. Bush appointed him to the Richmond-based U.S.
>>Court of Appeals for the Fourth Circuit in 1991, when Luttig was
>>just 37 years old. Ever since, he has been spoken of as a likely
>>choice for the Supreme Court should a Republican president have a
>>chance to name him. His many supporters on the right, including
>>ex-law clerks sprinkled throughout the Bush administration, think
>>now >
>> This has sometimes led him to clash with other members of the 4th
>>Circuit, including f vie Wilkinson, also
>>thought of as a Supreme Court contender. In 2000, he dissented from
>>a ruling by Wilkinson that upheld a Fish and Wildlife Service
>>regulation limiting the killing of endangered wolves on private
>>land. He also disagreed with Wilkinson in 2003, when he wrote a
>>dissenting opinion that supported the Bush administration's position
>>that it could designate and detain "enemy combatants" with little
>>judicial scrutiny.
>>
>> In 1998, he upheld Virginia's ban on the procedure known as a
>>partial birth abortion -- but agreed to let it be struck down after
>>the Supreme Court struck down a similar Nebraska law in 2000.
>>
>> -- Charles Lane
>>
>> Michael W. McConnell, 50, has been a j
>>Appeals for the 10th Circuit, based in Denver, since his appointment
>>by P >>>
>> Before then, he was mostly a legal academic, having served as a law
>>professor at the University of Chicago from 1985-1996 and
>>subsequently at the University of Utah.
>>
>> McConnell's good standing with the legal professoriate helped him
>>immeasurably during the confirmation process; more than 300 of his
>>fellow professors, including many liberals, endorsed him for the
>>bench.
>>
>> An eclectic thinker who served both as a law clerk for the liberal
>>icon Justice William Brennan and as an official in the Reagan
>>administration, McConnell has expressed his opinions on a wide range
>>of subjects, including a Wall Street Journal op-ed in December 2000
>>in which he expressed doubts about the legal reasoning of the
>>S re decision.
>>
>> But his outspoken disagreement w d him the
>>condemnation of liberal advocacy groups (though at his confirmation
>>hearing he called it "settled law.") Conservatives like his writings
>>favoring government "neutrality" toward religion.
>>
>> As a judge, McConnell has upheld Congress's power to criminalize
>>the possession of homemade child pornography; in a case soon to be
>>reviewed by the court, he voted to prohibit enforcement of federal
>>anti-drug laws against people who consume hallucinogenic tea as part
>>of a religious ritual.
>>
>> -- Charles Lane
>>
>> John G. Roberts, 50, has long been considered one of the
>>Republicans' heavyweights amid the largely Democratic Washington
>>legal establishment. Roberts was appointed to the U.S. Court of
>>Appeals for by President George W. Bush.
>>(He was als President Bush, but never
>>received a Senate vote). Previously, he practiced law at D.C.'s
>>Hogan & Hartson from 1986-1989 and 1993-2003. Between 1989 and 1993,
>>he was the Principal Deputy Solicitor General in the first Bush
>>administration, helping formulate the administration's position in
>>Supreme Court cases. During the Reagan administration, he served as
>>an aide to Attorney General William French Smith from 1981-1982 and
>>as a an aide to White House Counsel Fred Fielding from 1982-1986.
>>
>> With impeccable credentials -- Roberts attended Harvard College and
>>Harvard Law School, clerked for Justice William H. Rehnquist on the
>>Supreme Court and has argued frequently before the court -- the
>>question marks about Roberts have always been ideological. While his
>>Republican party loyalties are he opposition
>>of he is not a "movement conservative," and
>>some on the party's right-wing doubt his commitment to their cause.
>>His paper record is thin: as Deputy Solicitor General in 1990, he
>>argued in favor of a government regulation that banned
>>abortion-related counseling by federally-funded family planning
>>programs. A line in his brief noted the Bush administration's belief
>>that Roe v. Wade should be overruled.
>>
>> As a judge on the D.C. Circuit, Roberts voted with two colleagues
>>to uphold the arrest and detention of a twelve-year old girl for
>>eating french fries on the Metro train, though his opinion noted
>>that "[n]o one is very happy about the events that led to this
>>litigation." In another case, Roberts wrote a dissenting opinion
>>that suggested Congress might lack the power under the
>>Constitu r a
>>certain species of wildlife.
>>
>> -- Charles Lane
>>
>> Theodore B. Olson, 64, is the former Solicitor General and now an
>>attorney in private practice in Washington at the firm Gibson, Dunn
>>& Crutcher.
>>
>> He has been with the firm since 1965 except for two forays into
>>government, serving as President Bush's Solicitor General from
>>2001-2004 and as Assistant Attorney General for the Office of Legal
>>Counsel for three years during President Ronald Reagan's first term.
>>
>> He argued Bush's case before the Supreme Court that decided the
>>outcome of the disputed 2000 presidential election.
>>
>> His other cases have included representing Cheryl Hopwood, who
>>argued that affirmative action in sity of
>>Texas was a violation of the Constitution. ;>appeals court agreed with Olson and Hopwood that the university's
>>policy was unconstitutional. That same year, he represented the
>>Virginia Military Institute before the Supreme Court against claims
>>that the school's admissions policy discriminated against women and
>>lost.
>>
>> Olson was legal counsel to Reagan during the investigation of the
>>Iran-contra affair. And he represented Jonathan Pollard, who was
>>convicted of selling government secrets to Israel, in his failed bid
>>for a reduction of his life sentence.
>>
>> While President Bill Clinton was in office, Olson railed against
>>the administration in the conservative American Spectator magazine,
>>where he was a contributing writer and a member of its board of
>>directors.
>>
>> ed his confi ral.
>>During hearings, Democrats asked Olson if he played a role in the
>>"Arkansas Project," an attempt by American Spectator to uncover
>>scandals involving President Bill Clinton and his wife, Hillary.
>>Olson said he did not, but a Spectator staff writer, David Brock,
>>told the Judiciary Committee that Olson was directly involved. Olson
>>was confirmed, but not until after an inquiry into charges that his
>>testimony was untruthful.
>>
>> --Darryl Fears
>>
>> Larry D. Thompson, 59, is a senior vice president and general
>>counsel for PepsiCo.
>>
>> He was the deputy Attorney General--the No. 2 person at the Justice
>>Department--for much of President Bush's first term.
>>
>> During his tenure at Justice, he had daily involvement in the war
>>on terr te crime task force that pursued
nst Enron Corp., Worldcom Inc. and HealthSouth Corp.
>>
>> He was one of the highest-ranking African Americans in the Bush
>>administration and if appointed to the court, would be the third
>>African American justice.
>>
>> Thompson is a longtime acquaintance of Justice Thomas and was a
>>member of the legal team that assisted Thomas during his
>>confirmation hearings in 1991.
>>
>> Around the same time, Thompson angered some civil rights groups
>>when he wrote that certain black leaders "stressed . . . black
>>people as victims" and ignored problems like their "lack of respect
>>for the law, kids having children too soon and fathers who were not
>>taking their responsibility seriously."
>>
>> He is a graduate of the University of Michigan t;>as a U.S. Attorney in Georgia and practiced at the Atl ing & Spalding.
>>
>> --Darryl Fears
>>
>> J. Harvie Wilkinson, 61, was appointed to the 4th Circuit by
>>President Reagan in 1984.
>>
>> Before his appointment he was the No. 2 official in the Justice
>>Department's Civil Rights Office from 1982-1983.
>>
>> Unlike most other leading candidates for the court, Wilkinson has
>>not practiced law in the private sector; he has more experience in
>>journalism and teaching.
>>
>> From 1978-1982, he was the editorial page editor of the
>>Virginian-Pilot in Norfolk, Virginia, and from 1973-1978, he was a
>>professor at the University of Virginia School of Law, where he
>>received his own law degree before moving on to a clerkship for
>>Justice Lewis F. Powell.
> is paper trail is, accordingly, immense. He has written not only
>>legal o speeches and journal articles in
>>which he sketches a self-consciously moderate conservative
>>philosophy. A typical example was a 2003 Virginia Law Review article
>>titled "Why Conservative Jurisprudence is Compassionate."
>>
>> Powell, an old family friend, is a role model and mentor for
>>Wilkinson, whose own gentle, courtly manners remind some of the late
>>justice's demeanor.
>>
>> His rulings have included a 1987 opinion striking down a minority
>>set-aside program for city contractors in Richmond and a 1996
>>opinion upholding the military's "don't ask, don't tell" policy for
>>homosexual service members.
>>
>> -- Charles Lane
>>
>>
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