Chief Justice John Roberts?

Mon Sep 5 20:28:50 PDT 2005

I very often disagrees with Justice Ginsburg, but every time I hear her
speak I am struck by her graciousness. She certainly has my respect, and I
must think she is also respected by the other Justices.

Mark Scarberry
Pepperdine

-----Original Message-----
From: Samuel Bagenstos
To: emaltz at camden.rutgers.edu; hendersl at ix.netcom.com
Cc: conlawprof at lists.ucla.edu
Sent: 9/5/2005 7:48 PM
Subject: Re: Chief Justice John Roberts?

I shouldn't say anything here, being one of those Ginsburg clerks who
think highly of her.  But I'll limit myself to this.  Justice Ginsburg
would have been a fabulous Chief (she has no chance to be Chief
anymore), as she has been an outstanding associate justice.  I'm tempted
to suggest some Freudian explanations for what would lead someone to
call her a "complete mediocrity," but I should probably leave well
enough alone.

====================================
Samuel R. Bagenstos
Professor of Law
Washington University School of Law
One Brookings Drive
St. Louis, MO  63130
314-935-9097
Personal Web Page:
http://law.wustl.edu/Academics/Faculty/Bagenstos/index.html
Disability Law Blog:  http://disabilitylaw.blogspot.com/

>>> Lynne Henderson <hendersl at ix.netcom.com> 09/04/05 8:17 PM >>>
please, let's not resort to gossip.  I know many Ginsburg clerks who 
think highly of her.  she is gracious, and the Ginsburgs regularly 
celebrate one major holiday (New Year's?) with the Scalias, indicating 
far more grace than I would ever have.   Granted, her spouse, Marty, is 
extraordinarily warm and has great interpersonal--schmooze--skills.  
OTOH, Justice Ginsburg  is somewhat shy and reserved, but that isn't a 
"lack of interpersonal skills"--it's being a shy, reserved person.  and 
in role as judge, law professor, advocate, she has had plenty of skill,
perhaps because the role relieves the shyness.  If called upon to 
serve, she would do splendidly.
But on a different note--I think it appropriate-It's been a hekllofa 
week, everyone, but acknoweldging the passing of a major figure in con 
law seems worth it for the list. The death of Chief Justice Rehnquist 
deserves some ] recognition on conlawprof as a very sad event, with 
sympathy for those who knew him, clerked for him, lost him as a mentor 
and friend.    I rarely agreed with any of his opinions, and I have 
sincere doubts about his political stances and blindness to racial 
oppression,   but he was hard working, courageous--not just the cancer, 
but the loss of his wife, his chronic back pain--and did hard work in 
administering the courts.  He led the Courts, and with grace for the 
most part,  so we should all take a moment to acknowledge his passing.
   My sympathies to all who feel the loss.
Respectfully
Lynne
Prof. Lynne Henderson
On Sep 4, 2005, at 3:13 PM, Earl Maltz wrote:

> I'm not speaking from personal knowledge, but someone told me that she

> lacks interpersonal skills.
>
> At 02:55 PM 9/4/2005 -0700, Paul Horwitz wrote:
>>
>> Why do you say Ginsburg is "apparently completely unsuited 
>> temperamentally for the job" of Chief?  I don't ask in a hostile way,

>> and I have no stake in the answer; I am just curious why you say so.

>> Of course, such a nomination would be implausible in any event.
>>
>> Paul Horwitz
>> Southwestern University School of Law
>> Los Angeles, CA
>>
>> ----- Original Message -----
>> From: Earl Maltz
>> Sent: Sunday, September 04, 2005 2:51 PM
>> To: Greg Magarian
>> Cc: conlawprof at lists.ucla.edu 
>> Subject: Re: Chief Justice John Roberts?
>>
>> Obviously, this situation presents the President with interesting 
>> tactical
>> decisions.  Since I don't think that the question of who holds the 
>> title of
>> "chief" is particularly important, I would:
>>
>> 1.  Elevate Kennedy to the Chief Justice simultaneously giving him
the
>> Warren Burger award for complete mediocrity.  (Actually, Ruth Bader
>> Ginsburg is my first choice for both, but she is apparently
completely
>> unsuited temperamentally for the job).  After getting plaudits for 
>> making a
>> nod to moderates.
>>
>> 2. Follow by appointing Janice Rogers to Kennedy's seat.  After the
>> Democrats had exhausted themselves by going ballistic and 
>> filibustering her
>> to death, I would follow with Edith Jones if it looked like I could 
>> get
>> away with it, Edith Clement if I couldn't.  Nice symbolism--a justice

>> from
>> New Orleans.
>>
>> At 05:33 PM 9/4/2005 -0400, Greg Magarian wrote:
>> >Wow -- careful consideration of a nominee for Chief Justice as "an
>> >obstruction of justice."  A characterization in the proud tradition 
>> of
>> >dissent as terrorism and the 2000 election as democracy.
>> >
>> >Professor Noble does make an interesting point about the strategic
>> >dimension of the present situation.  The presence of two
simultaneous
>> >vacancies gives Democrats and moderates a political opening for
>> >demanding that one of the new Justices, presumably the new 
>> associate, be
>> >a moderate in the spirit of Justice O'Connor (whatever they, we, or
>> >anybody take that to mean in substance).  Given the country's
>> >ideological divide and the President's political troubles, the Dems 
>> have
>> >a realistic chance to sell such a scenario, which obviously would be

>> a
>> >steal for them, as a prudent and reasonable compromise.  Of course, 
>> to
>> >get that result, they would need the political moxie to pull off the
>> >appeal, so Professor Noble can probably rest easy.
>> >
>> >Gregory P Magarian
>> >Professor of Law
>> >Villanova University School of Law
>> >299 N. Spring Mill Road
>> >Villanova, PA 19085
>> >(610) 519-7652
>> >
>> > >>> JFN <jfnbl at earthlink.com> 9/4/2005 4:29:46 PM >>>
>> >At 2:06 PM -0500 9/4/05, Frank Cross wrote:
>> > >I foresee timing problems with immediately nominating Roberts for
>> > >Chief.  The Dems will demand a delay in the hearings, I'm sure.
>> >
>> >On what grounds? We need to take a closer look? Now we're REALLY
>> >going to go through his record with a fine-toothed comb? And that's
>> >up against starting the term with a full court and foreclosing 4-4
>> >splits. It would almost look like an obstruction of justice.
>> >
>> > >Is there any reason why not to go forward with the Roberts
>> > >nomination for associate and then, in December, nominate another
>> > >judge for Rehnquist's seat, and renominate Roberts for elevation
to
>> > >Chief?
>> >
>> >Second choice. Re-confirmation of Roberts before he has a chance to
>> >give Democrats any ammunition is almost a given. The drawback is
that
>> >it gives McCain and the Gang of 14 the Solomon Option: cut the baby
>> >in half. Give the President his CJ (magnanimously) and reject
>> >Roberts' replacement (what are we -- potted plants?). The Gang of 14
>> >is all about the Solomon Option. Owens and Pryor get a vote; Myers
>> >and Saad don't. If you were looking for an "extraordinary
>> >circumstance" to justify a filibuster, you could hardly do better
>> >than two simultaneous appointments to the highest court.
>> >
>> >John Noble
>> >_______________________________________________
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