Sunday

Who should replace Justice John Paul Stevens?

I've just written up (for Slate) my pick for who should replace Justice John Paul Stevens...and the winner is...


Jeffrey Fisher

Here's the piece...

In the spirit of an off-beat list, my vote goes to 40-year-old Jeffrey Fisher, co-director of Stanford Law School's Supreme Court litigation clinic. He has the temperament, track record, consensus-building skills, and life expectancy to make him a formidable nominee. Wildly accomplished for his years, Fisher is already considered one of the most influential lawyers in the country. Charmingly, he also served as a clerk for Justice Stevens. As a litigator, Fisher has compiled an astonishing string of high court victories, in part because of his impressive ability to persuade Justice Scalia to side with criminal defendants. That skill alone would make him a formidable presence on the court. Moreover, having never been a judge, (before joining the Stanford faculty, Fisher worked at the well-regarded law firm of Davis-Wright Tremaine), his paper trail is mostly academic. The big strike against him is age. Then again, in 1811, James Madison swore in Associate Justice Joseph Story. His age at the time: 32.

1 comment:

Anonymous said...

Given the relationship between age and ideology on the Court, I hope President Obama gets a couple of more vacancies to fill in the next few years. He is not likely to be in a position to replace the Justices I would like replaced, but maybe he can inject some longevity into the left side. It would have been nice if Rhenquist had held on for a couple of more years. (I can't brlieve I actually said that.)