Jump to content

Barack Obama Supreme Court candidates

From Wikipedia, the free encyclopedia

U.S. Supreme Court building

President Barack Obama made two successful appointments to the Supreme Court of the United States. The first was Judge Sonia Sotomayor[1] to fill the vacancy created by the retirement of Justice David H. Souter.[2] Sotomayor was confirmed by the United States Senate on August 6, 2009, by a vote of 68–31. The second appointment was that of Solicitor General Elena Kagan to replace the retired John Paul Stevens. Kagan was confirmed by the Senate on August 5, 2010, by a vote of 63–37.

During his final year in office, Obama had an opportunity to fill a third Supreme Court vacancy, following the February 13, 2016, death of Associate Justice Antonin Scalia. On March 16, 2016, he nominated Merrick Garland, the chief judge of the United States Court of Appeals for the District of Columbia Circuit to the Court.[3] However, Republican leaders in the Senate announced that they planned to withhold voting on any potential nominee until a new president was elected. Senate Democrats responded that there was sufficient time to vote on a nominee before the election.[4] Consequently, no action was taken on the nomination, which expired in January 2017.

During most of Obama's presidency, there had been speculation about the potential retirement of Justice Ruth Bader Ginsburg,[5][6] who turned 80 in 2013 and was previously diagnosed with colon cancer and pancreatic cancer.[7][8] Justice Ginsburg died on September 18, 2020, during Donald Trump's presidency, and was replaced by Amy Coney Barrett on October 27, 2020.

Court composition under Obama

[edit]
Name Appointed Appointed by Law school (JD or LLB)
John Roberts
(Chief Justice)
2005 George W. Bush Harvard University
Antonin Scalia[a] 1986 Ronald Reagan Harvard University
Anthony Kennedy 1988 Harvard University
Clarence Thomas 1991 George H. W. Bush Yale University
Ruth Bader Ginsburg 1993 Bill Clinton Columbia University
Stephen Breyer 1994 Harvard University
Samuel Alito 2006 George W. Bush Yale University
Sonia Sotomayor 2009 Barack Obama Yale University
Elena Kagan 2010 Harvard University

Politics

[edit]
Barack Obama and Joe Biden with Supreme Court justices in the court's conference room, on January 14, 2009, the week before the inauguration. Shown are Chief Justice Roberts and Justices Stevens, Thomas, Ginsburg, and Souter.

Obama opposition to Bush nominees

[edit]

During the 109th Congress, then-Senator Obama voted against both of President George W. Bush's nominees to the Supreme Court. In a speech announcing his opposition to John Roberts, Obama stated:

The problem I face ... is that while adherence to legal precedent and rules of statutory or constitutional construction will dispose of 95 percent of the cases that come before a court so that both a Scalia and a Ginsburg will arrive at the same place most of the time on those 95 percent of the cases – what matters on the Supreme Court is those 5 percent of cases that are truly difficult. In those 5 percent of hard cases, the constitutional text will not be directly on point.... In those circumstances, your decisions about whether affirmative action is an appropriate response to the history of discrimination in this country or whether a general right of privacy encompasses a more specific right of women to control their reproductive decisions, ... in those difficult cases, the critical ingredient is supplied by what is in the judge's heart.... The problem I had is that when I examined Judge Roberts' record and history of public service, it is my personal estimation that he has far more often used his formidable skills on behalf of the strong in opposition to the weak.[9]

— Barack Obama

In explaining his opposition to Samuel Alito, Obama further evaluated the qualities he found important in a Supreme Court justice:

I have no doubt that Judge Alito has the training and qualifications necessary to serve. He's an intelligent man and an accomplished jurist. And there's no indication he's not a man of great character. But when you look at his record – when it comes to his understanding of the Constitution, I have found that in almost every case, he consistently sides on behalf of the powerful against the powerless; on behalf of a strong government or corporation against upholding Americans' individual rights.[10]

Obama comments during 2008 presidential campaign

[edit]

In a speech on July 17, 2007, before the Planned Parenthood Action Fund, he elaborated even more:

I think the Constitution can be interpreted in so many ways. And one way is a cramped and narrow way in which the Constitution and the courts essentially become the rubber stamps of the powerful in society. And then there's another vision of the court that says that the courts are the refuge of the powerless. Because oftentimes they can lose in the democratic back and forth. They may be locked out and prevented from fully participating in the democratic process. ... And we need somebody who's got the heart – the empathy – to recognize what it's like to be a young teenage mom. The empathy to understand what it's like to be poor or African-American or gay or disabled or old – and that's the criteria by which I'll be selecting my judges.[11]

In November 2007, Obama was asked about the kind of justices he would appoint to the Supreme Court. He responded:

I taught constitutional law for 10 years, and . . . when you look at what makes a great Supreme Court justice, it's not just the particular issue and how they rule, but it's their conception of the Court. And part of the role of the Court is that it is going to protect people who may be vulnerable in the political process, the outsider, the minority, those who are vulnerable, those who don't have a lot of clout. . . . [S]ometimes we're only looking at academics or people who've been in the [lower courts]. If we can find people who have life experience and they understand what it means to be on the outside, what it means to have the system not work for them, that's the kind of person I want on the Supreme Court.[12]

Later in March 2008, while on the campaign trail in Ohio, Obama again addressed the traits he would look for in a Supreme Court justice, suggesting he might leaven legal scholarship with practical political experience. He held up Earl Warren, a former governor of California who later became Chief Justice, as an example. Mr. Warren, he said, had had the wisdom to recognize that segregation was wrong less because of precise sociological effects and more so because it was immoral and stigmatized blacks:

I want people [like Earl Warren] on the bench who have enough empathy, enough feeling, for what ordinary people are going through.[13]

Later, however, Obama seemed to step away from the example of Warren. In an interview with the editorial board of the Detroit Free Press on October 2, 2008, Obama said:

There were a lot of justices on the Warren Court who were heroes of mine ... Warren himself, Brennan, (Thurgood) Marshall. But that doesn’t necessarily mean that I think their judicial philosophy is appropriate for today . . . In fact, I would be troubled if you had that same kind of activism in circumstances today.[14]

Instead, Obama mentioned then current justices David Souter and Stephen Breyer as examples of people he would like to nominate to the Supreme Court in the future:

. . . [W]hen I think about the kinds of judges who are needed today, it goes back to the point I was making about common sense and pragmatism as opposed to ideology.

I think that Justice Souter, who was a Republican appointee, Justice Breyer, a Democratic appointee, are very sensible judges. They take a look at the facts and they try to figure out: How does the Constitution apply to these facts? They believe in fidelity to the text of the Constitution, but they also think you have to look at what is going on around you and not just ignore real life.

That, I think is the kind of justice that I’m looking for – somebody who respects the law, doesn’t think that they should be making law ... but also has a sense of what’s happening in the real world and recognizes that one of the roles of the courts is to protect people who don’t have a voice.[14]

In the third and final presidential debate with Republican nominee John McCain on October 15, 2008, Obama also implied that he would look for a Supreme Court nominee with previous judicial experience:

I will look for those judges who have an outstanding judicial record, who have the intellect, and who hopefully have a sense of what real-world folks are going through.[15]

Court demographics

[edit]

Demographic considerations have played into the appointment of Supreme Court justices since the institution was established. Starting in the 20th century, these concerns shifted from geographic representation to issues of gender and ethnicity.[16]

Prior to the 2008 presidential election, many court watchers suggested that the next president would be under significant pressure to appoint another woman or ethnic minority to the court.[17][18] The calls for naming more women were particularly widespread given the recent retirement of Sandra Day O'Connor and the rapidly changing demographics of the legal community, with women now accounting for about a fifth of all law partners and law school deans, a quarter of the federal bench, and nearly half of all law school graduates.[8][19] Shortly before the election, for example, NPR reported, "Most observers of the Supreme Court agree about one thing: The next nominee is likely to be a woman".[20] Furthermore, after Obama's presidential election victory, Hispanic legal interests groups such as the Hispanic National Bar Association began urging Obama to nominate a Hispanic justice.[21]

Given the relative youth of the most recent Republican appointments, it was also noted that Democrats had "a strong incentive to pick younger justices this time around".[18] Age proved to be an important consideration for Obama, who was "looking for a justice who will be an intellectual force on the court for many years to come".[22] As a result, Obama did not seriously consider candidates such as José A. Cabranes, Amalya Kearse, Diana Gribbon Motz, David Tatel, and Laurence Tribe, all of whom he respected but were older than 65 when Obama was looking to replace David Souter.[22]

With the retirement of Justice Stevens, some commentators directed focus on the religious make-up of the court.[23] Upon Justice Stevens' retirement, the Court lacked any Protestant members, marking the first time in its history that it will be exclusively composed of Jewish and Catholic Justices.[24]

Sonia Sotomayor nomination

[edit]

On May 26, 2009, Obama announced Second Circuit appeals court judge Sonia Sotomayor as his choice to replace retiring Associate Justice David H. Souter.[1] Sotomayor's nomination was submitted to the United States Senate on June 1, 2009, when the 111th Congress reconvened after its Memorial Day recess. Sotomayor was confirmed by the Senate on August 6, 2009, by a vote of 68–31,[25] and was sworn in as an Associate Justice on August 8, 2009.[26]

David Souter retirement

[edit]

Long before the election of President Obama, Associate Justice David H. Souter had expressed a desire to leave Washington, D.C., and return to his native New Hampshire.[27][28] The election of a Democratic president in 2008 made Souter more inclined to retire, but he did not want to create a situation in which there would be multiple vacancies at once.[27] Souter apparently became satisfied that no other justices planned to retire at the end of the Supreme Court's term in June 2009.[27] As a result, in mid-April 2009 he privately notified the White House of his intent to retire from the Supreme Court at the conclusion of its business for that term.[29] Souter submitted a resignation letter to Obama on May 1, who later that day made an unscheduled appearance during the daily White House press briefing to publicly announce Souter's retirement.[2]

Short list

[edit]

Obama began the process of identifying potential Supreme Court nominees shortly after his election in 2008, before a Supreme Court vacancy was actually known.[29] White House Counsel Greg Craig helped assemble an early list of possible names.[29] Once the White House had learned of Souter's plans to retire, two members of the Vice President's staff, Chief of Staff Ron Klain and Counsel Cynthia Hogan, ran the daily operations of the selection process.[29]

Within a week of Souter's announcement the White House had formalized its short list of candidates to replace Souter, with Judge Sonia Sotomayor of the Second Circuit, Judge Diane Pamela Wood of the Seventh Circuit, and Solicitor General Elena Kagan reportedly leading contenders for the nomination.[30] Homeland Security Secretary Janet Napolitano, California Supreme Court Justice Carlos Moreno, and Michigan Governor Jennifer Granholm were also reportedly on the short list of candidates under serious consideration by the White House.[31] Chief Justice Leah Ward Sears of the Georgia Supreme Court, Judge Merrick B. Garland of the United States Court of Appeals for the District of Columbia Circuit, and Judge Ruben Castillo of the Federal District Court for the Northern District in Illinois were also on the final list of nine candidates.[32] Joanne A. Epps, dean at Temple University Beasley School of Law was a contender according to NPR.[33]

Interviews

[edit]

Obama had not interviewed any of the candidates before May 18,[34] but that week saw a flurry of activity and speculation surrounding possible interviews of candidates. Jennifer Granholm attended a CAFE standards meeting at the White House on May 19 and spoke with Obama, but officials would not comment on whether the two discussed a potential court appointment.[34] On May 20, Diane Wood and Elena Kagan attended a conference on judicial independence at Georgetown University hosted by retired Associate Justice Sandra Day O'Connor.[35] Ultimately, Obama winnowed his list to four individuals, all of them women: Sotomayor, Wood, Kagan, and Napolitano.[36] Obama conducted hour-long one-on-one interviews with the four finalists, meeting with Wood and Kagan on May 19, and Sotomayor and Napolitano on May 21.[37] Vice President Joe Biden also interviewed the four finalists.[37]

Obama telephoned Judge Sotomayor at 9 pm EST on May 25 to alert her that she was his choice.[37] Later that night, he called the other three finalists and informed them of his decision.[37] Obama announced the nomination the next morning in the East Room of the White House in a press conference alongside Sotomayor and Joe Biden.[1]

Elena Kagan nomination

[edit]

On May 10, 2010, Obama nominated Elena Kagan, the Solicitor General of the United States, to replace retiring Associate Justice John Paul Stevens. Solicitor General Elena Kagan was confirmed by the Senate by a 63–37 vote.[38]

John Paul Stevens retirement

[edit]

On April 9, 2010, Associate Justice John Paul Stevens announced that he would retire at the conclusion of the Supreme Court's term in June 2010.[39] This announcement had been widely anticipated since September 2009 when Stevens confirmed that he had hired only a single law clerk for the Supreme Court term beginning in October 2010.[40] (Full-time associate justices are allowed up to four law clerks while retired justices have only one.[40])

Short list

[edit]

Before the announcement, the White House had been preparing for another possible Supreme Court vacancy, with White House Press Secretary Robert Gibbs responding to speculation about a possible Stevens retirement by saying "We'll be ready."[41] After Stevens announced his retirement, an anonymous White House official said that about ten people were under consideration.[39] The leading contenders to replace Stevens were said to include Seventh Circuit Judge Diane Pamela Wood and Solicitor General Elena Kagan, both of whom had been interviewed for the David Souter vacancy, and D.C. Circuit Judge Merrick B. Garland, who had also been considered for the Souter vacancy.[39] Others mentioned include Ninth Circuit Judge Sidney Runyan Thomas, former Georgia Chief Justice Leah Ward Sears, Michigan Governor Jennifer Granholm and Homeland Security Secretary Janet Napolitano.[42]

Interviews

[edit]

Early in April 2010, Obama conducted a White House interview with Merrick Garland.[43][44] On April 29, 2010, Obama and Vice President Joe Biden each met separately with Sidney Thomas at the White House to discuss the vacancy.[43] Elena Kagan was interviewed the following day,[45] and Diane Wood the following week on May 4.[46]

Merrick Garland nomination

[edit]

On March 16, 2016, Obama nominated Merrick Garland, Chief Judge of the United States Court of Appeals for the District of Columbia Circuit, to replace Antonin Scalia.[47] On February 23, 2016, the 11 Republican members of the Senate Judiciary Committee signed a letter to Senate majority leader Mitch McConnell stating their intention to withhold consent on any nominee made by President Obama, and that no hearings would occur until after January 20, 2017, when the next president takes office.[48] The 11 members were Committee Chair Chuck Grassley of Iowa,[49] Orrin Hatch and Mike Lee of Utah, Jeff Sessions of Alabama, Lindsey Graham of South Carolina, John Cornyn and Ted Cruz of Texas, Jeff Flake of Arizona, David Vitter of Louisiana, David Perdue of Georgia, and Thom Tillis of North Carolina. After Garland's nomination, McConnell reiterated his position that the Senate would not confirm any Supreme Court nomination from Obama.[47] Garland's nomination expired on January 3, 2017.[50]

Antonin Scalia death

[edit]

On February 13, 2016, Associate Justice Antonin Scalia was found dead while vacationing at Cibolo Creek Ranch near Marfa, Texas.[51] President Obama stated that he planned to nominate someone to replace Scalia on the Supreme Court.[3] Scalia's death marked just the second time in sixty years that a sitting justice died.[52]

Short list

[edit]

The White House vetted a number of candidates that had previously received broad support from Republicans, including D.C. Circuit Judges Merrick Garland and Sri Srinivasan,[53] Eighth Circuit Judge Jane L. Kelly,[54] Ninth Circuit Judge Paul J. Watford,[55] and Judge Ketanji Brown Jackson of the United States District Court for the District of Columbia.[56] On March 11, Reuters reported that Obama had narrowed his list down to three candidates: Srinivasan, Garland, and Watford.[57]

Names mentioned as likely nominees

[edit]

Following is a list of individuals who were mentioned in various news accounts as the most likely potential nominees for a Supreme Court appointment under Obama:

United States Courts of Appeals

[edit]
Courts of Appeals

United States District Courts

[edit]

State Supreme Courts

[edit]

Executive Branch

[edit]

United States Senators

[edit]

United States Governors

[edit]

State Executive Branches

[edit]

Supreme Court litigators

[edit]

Academics

[edit]

See also

[edit]

Notes

[edit]
  1. ^ Seat left vacant for the last year of the Obama presidency. See Merrick Garland Supreme Court nomination for details.

References

[edit]
  1. ^ a b c d "Sonia Sotomayor is Obama's Supreme Court nominee - Los Angeles Times". Los Angeles Times. May 28, 2009. Archived from the original on May 28, 2009. Retrieved March 27, 2024.
  2. ^ a b Zeleny, Jeff (May 1, 2009). "Obama Announces Souter's Retirement". The Caucus. Retrieved March 27, 2024.
  3. ^ a b "President Obama Delivers a Statement on the Passing of Supreme Court Justice Scalia", Rancho Mirage, CA, Feb. 13, 2016, available at [1][dead link]
  4. ^ "Remarks by the President on the Passing of the U.S. Supreme Court Justice Antonin Scalia". whitehouse.gov. February 13, 2016. Archived from the original on February 7, 2017. Retrieved February 14, 2016 – via National Archives.
  5. ^ a b "White House Prepares for Possibility of 2 Supreme Court Vacancies". ABC News. Retrieved March 27, 2024.
  6. ^ At Supreme Court, no one rushes into retirement Archived September 27, 2009, at the Wayback Machine, USA Today (July 13, 2008).
  7. ^ a b c d e f g Adam Liptak, Ginsburg Has Surgery for Pancreatic Cancer Archived April 15, 2017, at the Wayback Machine, The New York Times (February 5, 2009).
  8. ^ a b c d e Carrie Johnson, Ginsburg illness puts focus on Obama's choices Archived July 14, 2017, at the Wayback Machine The Washington Post (February 6, 2009).
  9. ^ Obama Senate floor speech opposing John Roberts Archived October 30, 2008, at the Wayback Machine
  10. ^ Obama Senate floor speech opposing Samuel Alito Archived October 30, 2008, at the Wayback Machine
  11. ^ Obama Planned Parenthood speech Archived December 18, 2008, at the Wayback Machine (July 17, 2007).
  12. ^ The Democratic Debate Archived January 28, 2021, at the Wayback Machine, The New York Times (November 15, 2007).
  13. ^ Michael Powell, Strong Words in Ohio as Obama and Clinton Press On Archived November 19, 2016, at the Wayback Machine, The New York Times (March 3, 2008).
  14. ^ a b Obama: Fundamental change needed to help Michigan, nation Archived May 26, 2009, at the Wayback Machine, The Detroit Free Press (October 3, 2008).
  15. ^ Complete final debate transcript: John McCain and Barack Obama Archived November 10, 2008, at the Wayback Machine, The Los Angeles Times (October 15, 2008).
  16. ^ Jeffrey Toobin, Diverse Opinions Archived May 12, 2014, at the Wayback Machine, The New Yorker, (June 8, 2009).
  17. ^ a b c d e f "Bloomberg Politics - Bloomberg". Bloomberg.com. March 27, 2024. Retrieved March 27, 2024.
  18. ^ a b c d Jeffrey Rosen, Short Bench: Why the Dems lack Supreme Court nominees Archived October 28, 2008, at the Wayback Machine, The New Republic (March 12, 2008).
  19. ^ Charlie Savage, Wider World of Choices to Fill Souter’s Vacancy Archived January 31, 2018, at the Wayback Machine, The New York Times (May 1, 2009).
  20. ^ a b c d Nina Totenberg, Law School Past Shapes Obama's View On Justices Archived June 19, 2017, at the Wayback Machine, National Public Radio (November 2, 2008).
  21. ^ a b c d Tony Mauro, Pressure Is on Obama to Name First Hispanic Supreme Court Justice Archived February 10, 2009, at the Wayback Machine, Legal Times (December 1, 2008).
  22. ^ a b Bill Mears, Sources: High court selection process down to finalists Archived September 18, 2009, at the Wayback Machine, CNN (May 13, 2009).
  23. ^ Liptak, Adam (April 10, 2010). "Justice Stevens, the Only Protestant on the Supreme Court". The New York Times. Archived from the original on November 10, 2017. Retrieved February 21, 2017.
  24. ^ Nina Totenberg, "Supreme Court May Soon Lack Protestant Justices," NPR, Heard on Morning Edition, April 7, 2010, found at NPR website Archived October 24, 2017, at the Wayback Machine and transcript found at NPR website Archived January 3, 2018, at the Wayback Machine. Cited by Sarah Pulliam Bailey, "The Post-Protestant Supreme Court: Christians weigh in on whether it matters that the high court will likely lack Protestant representation," Christianity Today, April 10, 2010, found at Christianity Today website Archived March 22, 2016, at the Wayback Machine. Also cited by "Does the U.S. Supreme Court need another Protestant?" USA Today, April 9, 2010, found at USA Today website Archived February 5, 2013, at archive.today. All accessed April 10, 2010.
  25. ^ Charlie Savage, Sotomayor Confirmed by Senate, 68-31 Archived September 19, 2020, at the Wayback Machine, The New York Times (August 6, 2009).
  26. ^ Greg Storh, Sonia Sotomayor Sworn In as Supreme Court Justice, Bloomberg (August 8, 2009).
  27. ^ a b c d e Totenberg, Nina (April 30, 2009). "Supreme Court Justice Souter To Retire". National Public Radio. Archived from the original on May 4, 2009. Retrieved May 29, 2009.
  28. ^ a b c d e f g Robert Barnes, Souter Reportedly Planning to Retire From High Court Archived April 1, 2017, at the Wayback Machine, The Washington Post (May 1, 2009).
  29. ^ a b c d Baker, Peter; Nagourney, Adam (May 28, 2009). "Sotomayor Pick a Product of Lessons From Past Battles". The New York Times. Archived from the original on March 16, 2015. Retrieved May 29, 2009.
  30. ^ a b c Jan Crawford Greenburg, White House Formalizes Supreme Court Short List Archived May 11, 2009, at the Wayback Machine, ABC News (May 7, 2009).
  31. ^ a b Ben Feller, White House: No interviews of court candidates yet, Associated Press (May 15, 2009).
  32. ^ Baker, Peter; Nagourney, Adam (May 28, 2009). "Sotomayor Pick a Product of Lessons From Past Battles". The New York Times. Archived from the original on March 16, 2015. Retrieved February 21, 2017.
  33. ^ a b "Supreme Court Choices You Haven't Heard of". NPR. 2009.
  34. ^ a b Associated Press, Court candidate Granholm visits White House (May 19, 2009).
  35. ^ Edwin Chen and Greg Stohr, Obama Said to Have Met With High Court Candidate Wood Archived November 3, 2012, at the Wayback Machine, Bloomberg (May 20, 2009).
  36. ^ a b c d e Peter Baker, Favorites of Left Don’t Make Obama’s Court List Archived July 2, 2016, at the Wayback Machine, The New York Times (May 25, 2009).
  37. ^ a b c d Peter Baker and Jeff Zeleny, Obama Hails Judge as ‘Inspiring’ Archived October 23, 2015, at the Wayback Machine, The New York Times (May 26, 2009).
  38. ^ Baker, Peter; Zeleny, Jeff (May 9, 2010). "Obama Names Kagan for Supreme Court". The New York Times. Archived from the original on May 13, 2010. Retrieved May 9, 2010.
  39. ^ a b c Mark Sherman, Summer battle ahead for Stevens' court replacement Archived April 17, 2010, at the Wayback Machine, Associated Press (April 9, 2010).
  40. ^ a b "Speculation rises that Supreme Court Justice Stevens will retire". Los Angeles Times. September 3, 2009. Retrieved March 27, 2024.
  41. ^ "Who would replace Justice John Paul Stevens?". NBC News. April 5, 2010. Retrieved March 27, 2024.
  42. ^ a b Ben Feller, Source: Judge Sidney Thomas on Supreme Court list Archived April 13, 2010, at the Wayback Machine, Associated Press (April 12, 2010).
  43. ^ a b c Ben Feller, Obama interviews Thomas, Garland for high court Archived May 7, 2010, at the Wayback Machine, Associated Press (April 30, 2010).
  44. ^ Stolberg, Sheryl Gay (April 30, 2010). "Obama Interviews Potential Supreme Court Nominees". The Caucus. Retrieved March 27, 2024.
  45. ^ "Obama Interviews Solicitor General Elena Kagan for Supreme Court". Fox News. March 25, 2015. Retrieved March 27, 2024.
  46. ^ Ben Feller, Obama interviews Diane Wood for Supreme Court[dead link], Associated Press (May 4, 2010).
  47. ^ a b Shear, Michael D. (March 16, 2016). "Obama Chooses Merrick Garland for Supreme Court". The New York Times. Archived from the original on March 16, 2016. Retrieved March 16, 2016.
  48. ^ Scotus letter Archived September 7, 2016, at the Wayback Machine
  49. ^ "Grassley on Supreme Court Nomination: 'We have a constitutional responsibility". Des Moines, Iowa: WHO tv interview. March 1, 2016. Archived from the original on March 3, 2016. Retrieved March 3, 2016.
  50. ^ Jess Bravin, President Obama’s Supreme Court Nomination of Merrick Garland Expires Archived March 10, 2017, at the Wayback Machine, The Wall Street Journal (January 3, 2017).
  51. ^ Liptak, Alan (February 13, 2016), "Justice Antonin Scalia, Who Led a Conservative Renaissance on the Supreme Court, Is Dead at 79", The New York Times, archived from the original on February 16, 2016, retrieved February 17, 2016
  52. ^ Gresko, Jessica (February 14, 2016). "Scalia's death in office a rarity for modern Supreme Court". Associated Press. Archived from the original on February 16, 2016. Retrieved February 15, 2016.
  53. ^ Davis, Julie Hirschfeld (March 4, 2016), "Three More Judges Said to Be Vetted for Supreme Court", The New York Times, archived from the original on August 24, 2018, retrieved March 5, 2016
  54. ^ Davis, Julie Hirschfeld; Herszenhorn, David M. (March 2, 2016), "White House Is Said to Be Vetting Iowa Judge for Supreme Court Seat", The New York Times, archived from the original on March 5, 2016, retrieved March 5, 2016
  55. ^ Totenberg, Nina (March 8, 2016), "President Obama Meets With Supreme Court Candidates", NPR, archived from the original on March 10, 2016, retrieved March 10, 2016
  56. ^ a b Tillman, Zoe (February 26, 2016). "Source: D.C. Judge Ketanji Brown Jackson Vetted for Scalia Seat". SCOTUSblog. Retrieved February 27, 2016.
  57. ^ Edwards, Julia (March 11, 2016). "White House narrows search to three for Supreme Court". Reuters. Archived from the original on May 1, 2017. Retrieved March 12, 2016.
  58. ^ a b c d e f g h i j k l m Lithwick, Dahlia (February 13, 2016). "Obama's Supreme Court Shortlist". Slate. Archived from the original on February 14, 2016. Retrieved February 14, 2016.
  59. ^ a b c d e Stuart Taylor Jr., In the Balance Archived October 25, 2008, at the Wayback Machine, National Journal (July 26, 2008).
  60. ^ a b c d e f g h i Justin Jouvenal, Ten picks for Obama's Supreme Court Archived April 17, 2010, at the Wayback Machine, Salon.com, (November 19, 2008).
  61. ^ a b c Jess Bravin, Democrats Divide on Voice of Possible Top-Court Pick Archived December 6, 2017, at the Wayback Machine The Wall Street Journal (February 8, 2010).
  62. ^ a b c d e f Jess Bravin, Barack Obama: The Present Is Prologue Archived June 17, 2018, at the Wayback Machine, The Wall Street Journal (October 7, 2008).
  63. ^ a b c d e Gerstein, Josh (February 14, 2016). "Obama's Supreme Court short list: The president has a chance to make a big statement with who he picks to replace Scalia". Politico. Archived from the original on February 14, 2016. Retrieved February 14, 2016.
  64. ^ a b Dimitra Kessenides, Does D.C. Circuit Court Judge Merrick Garland Have Supreme Potential? Archived May 5, 2009, at the Wayback Machine, The Am Law Daily (November 17, 2008).
  65. ^ a b David G. Savage & Timothy M. Phelps (November 8, 2014). "Obama unlikely to alter Supreme Court ideology with Republican Senate". Los Angeles Times. Archived from the original on April 10, 2015. Retrieved March 5, 2015.
  66. ^ a b c d e f The Associated Press (February 14, 2016). "Who Obama Might Nominate to Replace Scalia on Supreme Court". The New York Times. ISSN 0362-4331. Archived from the original on February 18, 2016. Retrieved February 15, 2016.
  67. ^ a b c d e f "Who's on President Obama's Shortlist to Replace Scalia?". NBC News. February 15, 2016. Retrieved March 27, 2024.
  68. ^ a b c d e Toobin, Jeffrey (March 18, 2014). "THE SUPREME COURT FARM TEAM". The New Yorker. Archived from the original on June 2, 2014. Retrieved July 9, 2014.
  69. ^ Eilperin, Juliet (May 23, 2013). "Sri Srinivasan confirmed to judicial seat in unanimous Senate vote". Washington Post. Archived from the original on May 13, 2015. Retrieved August 24, 2017.
  70. ^ a b c "In search for Scalia's successor, Obama may see GOP opposition as incentive to select a liberal". Los Angeles Times. February 15, 2016. Archived from the original on February 26, 2016. Retrieved February 15, 2016.
  71. ^ Mukherji, Aditi (March 20, 2014). "Will 1st Circuit Nominee David Barron Be Nominated to SCOTUS?". The FindLaw Circuit News and Information Blog. Archived from the original on August 13, 2018. Retrieved March 23, 2014.
  72. ^ Emily Bazelon & Dahlia Lithwick, Who Should Replace Justice Stevens? Archived January 22, 2011, at the Wayback Machine, "Slate," (April 12, 2010)
  73. ^ SCOTUS NOMINEE [2] Archived March 3, 2016, at the Wayback Machine, "Politico," (April 12, 2010)
  74. ^ a b c d e Ben Smith and Josh Gerstein, Justice Souter to retire Archived May 2, 2009, at the Wayback Machine, Politico (April 30, 2009).
  75. ^ a b Abdon M. Pallasch, Could Chicago's Judge Wood fill Ginsburg's seat if she resigns from Supreme Court? Archived February 12, 2009, at the Wayback Machine, Chicago Tribune (February 8, 2009).
  76. ^ a b Peter Baker and Jeff Zeleny, Souter Said to Be Leaving Court in June Archived November 15, 2017, at the Wayback Machine, The New York Times (April 30, 2009).
  77. ^ a b c d e Joan Biskupic, For divided high court, two potential legacies Archived April 30, 2010, at the Wayback Machine, USA Today (October 23, 2008).
  78. ^ a b c d e James Oliphant, Five possible nominees for Obama Archived December 7, 2008, at the Wayback Machine, Chicago Tribune (November 3, 2008).
  79. ^ a b c d Tom Goldstein, If there is a Supreme Court appointment this summer... Archived December 17, 2020, at the Wayback Machine, SCOTUSblog (January 24, 2009).
  80. ^ Peter Baker, In Possible Retirement, the Likelihood of an Election-Year Confrontation Archived July 19, 2018, at the Wayback Machine, The New York Times (March 25, 2010).
  81. ^ Mark Sherman, Supreme Court Prospects are Kagan, Wood, Garland[dead link], Associated Press (April 5, 2010).
  82. ^ Bill Mears, Names floated as Stevens weighs retirement Archived June 14, 2010, at the Wayback Machine, CNN (April 5, 2010).
  83. ^ Feller, Ben & Babington, Charles (April 10, 2010), Obama Emboldened for Another Supreme Court Pick Archived April 12, 2010, at the Wayback Machine, San Francisco Chronicle, (Associated Press), retrieved April 10, 2010.
  84. ^ Carrie Johnson, Ginsburg illness puts focus on Obama's choices Archived August 13, 2018, at the Wayback Machine The Washington Post (February 6, 2009).
  85. ^ Neil A. Lewis, "Potential Justice Offers a Counterpoint in Chicago Archived July 19, 2018, at the Wayback Machine, The New York Times (May 11, 2009).
  86. ^ Associated Press, A look at potential Obama nominees to high court[dead link], (April 30, 2009).
  87. ^ Greg Stohr & James Rowley, Obama May Lean Toward Centrist for First U.S. High Court Pick, Bloomberg.com (May 2, 2009)
  88. ^ Zeleny, Jeff (May 20, 2009). "Search for Supreme Court Justice Reaches Interview Stage". The New York Times. Archived from the original on April 12, 2018. Retrieved February 21, 2017.
  89. ^ de Vogue, Ariane (February 4, 2010). "White House Prepares for Possibility of 2 Supreme Court Vacancies". ABC News. Archived from the original on November 27, 2010. Retrieved April 16, 2020.
  90. ^ Jan Crawford, Obama Skewers Court—and Signals Change Ahead Archived February 2, 2010, at the Wayback Machine, CBS News (January 28, 2010).
  91. ^ Bill Mears, Insiders: White House quietly preps for possible high court spot Archived November 8, 2012, at the Wayback Machine, CNN (February 12, 2010).
  92. ^ Ben Feller & Charles Babington, Obama Emboldened for Another Supreme Court Pick[dead link], Associated Press (April 10, 2010).
  93. ^ Bob Secter & Rex Huppke, Judge with Chicago Ties is on Supreme Court Short List, Chicago Tribune (April 10, 2010).
  94. ^ a b c d e f Millhiser, Ian. "Ten Potential Democratic Supreme Court Nominees Who Aren't Named 'Sri Srinivasan'". ThinkProgress. Archived from the original on May 13, 2014. Retrieved February 21, 2014.
  95. ^ Ariane de Vogue and Jan Crawford Greenburg, Obama's Potential Supreme Court Nominees Archived August 13, 2018, at the Wayback Machine, ABC News, (May 5, 2009).
  96. ^ Greg Moran, Appeals judge might be on list for Souter's job Archived May 15, 2009, at the Wayback Machine, The San Diego Union-Tribune, (May 11, 2009).
  97. ^ a b Greg Stohr, Obama’s Victory Creates New Chance to Mold U.S. Supreme Court Archived March 14, 2014, at the Wayback Machine, Bloomberg L.P. (9 November 2012).
  98. ^ a b c d e f Howard Anglin, Judge Not: Obama’s Supreme Court appointees would not upset the balance of the bench. Archived May 6, 2009, at the Wayback Machine, The American Conservative (June 2, 2008).
  99. ^ a b RAW DATA: Potential Female Supreme Court Nominees, Fox News, (May 22, 2009).
  100. ^ Bill Mears, Names added to Supreme Court short list Archived April 17, 2010, at the Wayback Machine, CNN (April 12, 2010).
  101. ^ "Source: Potential High Court Nominee Thomas Would Fit Obama Narrative". The Recorder / Law.com. Archived from the original on December 6, 2010. Retrieved May 5, 2010.
  102. ^ a b Manu Raju, Feinstein pushes two Hispanic judges Archived May 15, 2009, at the Wayback Machine, Politico (May 12, 2009).
  103. ^ Jess Bravin, Win Offers President Time to Shape Court Archived July 19, 2018, at the Wayback Machine, The Wall Street Journal (November 8, 2012).
  104. ^ Savage, Charlie (February 14, 2016). "Potential Nominees Obama May Consider to Fill Antonin Scalia's Seat". The New York Times. Archived from the original on February 16, 2017. Retrieved February 15, 2016.
  105. ^ a b Goldstein, Tom (February 16, 2016). "Continued thoughts on the next nominee (and impressions of Judge Ketanji Brown Jackson)". SCOTUSblog. Archived from the original on February 17, 2016. Retrieved February 17, 2016.
  106. ^ Judge In Colo Approached For Supreme Court Vacancy Archived May 22, 2009, at the Wayback Machine, CBS4 Denver (May 18, 2009).
  107. ^ Theobald, William V. (February 18, 2016). "Advocate: Arizona judge perfect Supreme Court nominee". The Arizona Republic. Retrieved February 20, 2016.
  108. ^ Camila Domonoske, Who Are The Possible Candidates To Fill Scalia's Seat? Archived April 5, 2018, at the Wayback Machine, NPR (February 14, 2015).
  109. ^ Tomasky, Michael (February 15, 2016). "The GOP's Worst Nightmare SCOTUS Nominee". The Daily Beast. Archived from the original on February 18, 2016. Retrieved February 18, 2016.
  110. ^ Bobic, Igor (February 14, 2016). "Who President Obama May Nominate To The Supreme Court". The Huffington Post. Archived from the original on February 8, 2017. Retrieved February 18, 2016.
  111. ^ Reyes, Raul A. (February 15, 2016). "Analysis: Scalia's Life and Death, And Its Impact on Latinos". NBC News. Archived from the original on August 14, 2019. Retrieved February 18, 2016.
  112. ^ Carmon, Irin (February 17, 2016). "Will Obama Look West to California For Supreme Court Nominee?". NBC News. Archived from the original on June 16, 2021. Retrieved February 18, 2016.
  113. ^ Saletan, William (February 17, 2016). "The Supreme Choice". Slate. ISSN 1091-2339. Archived from the original on February 18, 2016. Retrieved February 18, 2016.
  114. ^ An Exceptional Nominee Archived January 3, 2018, at the Wayback Machine, The New York Times (March 27, 2010).
  115. ^ Bill Rankin, Chief Justice Sears to exit next year Archived May 6, 2009, at the Wayback Machine, Atlanta Journal-Constitution, (October 29, 2008).
  116. ^ a b Andrew Cohen, Obama, The Supreme Court And DOJ, CBS News (November 5, 2008).
  117. ^ a b Joan Biskupic, Timing and luck crucial for seat on high court Archived May 6, 2009, at the Wayback Machine, USA Today (December 22, 2008).
  118. ^ a b c Brian Dickerson, Justice Granholm? It's possible under Obama, The Detroit Free Press (November 11, 2008).
  119. ^ Goldstein, Tom (February 14, 2012). "The Court in second Obama term". ScotusBlog. Archived from the original on February 28, 2013. Retrieved March 8, 2013.
  120. ^ Mears, Bill (October 1, 2012). "Supreme Court possibilities if Obama is reelected". CNN. Archived from the original on April 6, 2013. Retrieved March 8, 2013.
  121. ^ Michael Riley, Salazar: A Supreme suggestion Archived May 27, 2009, at the Wayback Machine, The Denver Post, (May 24, 2009).
  122. ^ "Obama sets out wish list for Supreme Court nominee in blog post". Fox News. February 24, 2016. Archived from the original on February 24, 2016. Retrieved February 24, 2016.
  123. ^ a b c Adriel Bettelheim, Supreme Court: Obama Faces Decision With Lasting Impact, CQ Politics, Yahoo News (May 1, 2009).
  124. ^ a b Tom Curry, Practical politico, and woman, sought for court, NBC News (May 7, 2009).
  125. ^ Liz Halloran, Obama Victory Ends GOP Hopes for a Much More Conservative Supreme Court Archived September 22, 2009, at the Wayback Machine, U.S. News & World Report (November 11, 2008).
  126. ^ Liptak, Kevin; Raju, Manu (February 24, 2016). "Obama offers Supreme Court hints; top Democrat suggests Republican governor". CNN. Archived from the original on February 24, 2016. Retrieved February 24, 2016.
  127. ^ Raju, Manu; Barrett, Ted; Walsh, Deirdre (February 24, 2016). "Democrat Harry Reid backs Republican for Supreme Court". CNN. Archived from the original on February 24, 2016. Retrieved February 24, 2016.
  128. ^ [3] Archived February 24, 2014, at the Wayback Machine, NPR (November 11, 2012).
  129. ^ Nina Totenberg, Supreme Court Choices You Haven't Heard Of Archived January 30, 2017, at the Wayback Machine, NPR (May 17, 2009).
  130. ^ Dahlia Lithwick, Women: Truly The Fairer Sex Archived April 14, 2009, at the Wayback Machine, Newsweek (April 11, 2009).
  131. ^ "President JoAnne A. Epps".