Post-Biden SCOTUS Shortlist Forum

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Re: Post-Biden SCOTUS Shortlist

Post by Anonymous User » Sun Jul 17, 2022 5:32 pm

Anonymous User wrote:
Sun Jul 17, 2022 4:40 pm
Anonymous User wrote:
Sun Jul 17, 2022 4:29 pm
1. Year of retirement was based on avg. age of retirement (81), which would be 2029 for Thomas and 2031 for Alito, according to: https://www.bloomberg.com/graphics/2022 ... etirement/.
I'm not so sure Thomas/Alito are itching to retire, is that what people are saying? They almost seem reinvigorated to me--this is the solid majority they've been waiting decades for. And I never hear people on the right calling for them to step aside, unlike with Breyer/Ginsburg. The opposite in fact, since the Barrett/Kavanaugh/Roberts camp might meander away to the center-left if unsupervised.

2. I'm not sold on Thapar. His demeanor is more like a politician than a SCOTUS justice, and I think it's telling that he was passed over twice after meeting with POTUS. Once he's pushing 60 I'm not seeing it... Seems like a great guy, but more of a Kavanaugh/Barrett, when the Court will need another Thomas/Alito. Someone who's crusaded against the administrative state like Rao makes a lot more sense.
I think you're wrong about the female majority thing, but I live in a very socially conservative place that isn't representative. And I could see this changing if Barrett proves to be a reliable conservative. Desantis was there because I scrolled through the comments and considered all the names I saw.

3. For a few years, maybe, but late 50s is already abnormally old for a new associate justice. Everyone on the current Court was 55 or younger when they began their tenure. Judge Thapar is already 53. I don't know anything about Aditya Banzai. It would be unusual to nominate someone with no judicial experience, but not unprecedented.

Agree with your wager though.
1. No one is demanding Alito/Thomas step down because Joe Biden is in office. The second there is a Republican President with a Republican Senate, you can bet your life McConnell will be on the phone with Thomas/Alito (or their surrogates), asking them politely to wrap up any remaining items on their wishlist and retire. There is no way McConnell will ever let a SCOTUS seat slip, and you'll note he helped convince Kennedy to retire.
Thomas has had health issues, and Alito is the most openly partisan conservative justice. They'll retire without too much pushing (like Breyer, who was always going to retire regardless of the disrespectful and idiotic pressure campaign DemandJustice started).

2. Thapar was passed over because he had no appellate experience at the time and Gorsuch was THE Scalia clone, with a ton of support. Kavanaugh was handpicked by Kennedy. He's also significantly more conservative than Kavanaugh.

3. Kavanaugh was about a year older. In any case, there will be a move for Justices to retire sooner and when able. The stakes are just too high to leave anything to chance. An open partisan like Thapar is fully cognizant of this.

ACB has already proven herself? If you aren't going to change your mind on Dobbs with protestors calling for your assassination and the Justice Department doing nothing about it, you aren't going to change your mind on anything. I don't think anyone aside has any remaining hangups about her or Kavanugh.

4. Bamzai is 100% on the shortlist for any DC Circuit position that opens up in the near future and is quite young.
My understanding is that McConnell is the one who wants to retire. I did not clerk for Thomas or Alito, but I find it hard to fathom that either of them would give two shits what the party leaders want. If their health is failing and a Republican administration is nearing its end, maybe, but that's ~2027 earliest.

Kennedy was in the Roberts/Kavanaugh/Barrett(?) cohort, and received constant criticism from conservatives. He retired when he was 81, which is the age I was using for Thomas/Alito. I do not recall seeing groups of evangelicals praying for Justice Kennedy's health after every cough like he's the Dalai Lama. Thomas/Alito, on the other hand, are elevated to Trumpian levels by the right. Not true for Kavanaugh/Barrett. They burned the right multiple times on covid, immigration, and election cases, along with Roberts. Barrett not so much as Kavanaugh.

Protestors' death threats and a hostile Justice Department should have exactly zero sway on any justice's decision. In fact, if any conservative justice had flipped after the leak and subsequent protests, they probably would have ruined their reputation irreparably, not to mention the perverse incentive it would create. I'm surprised people don't understand this intuitively.

Will keep an eye on Bamzai, seems like he has a great career ahead of him.

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Re: Post-Biden SCOTUS Shortlist

Post by Anonymous User » Sun Jul 17, 2022 5:35 pm

Anonymous User wrote:
Sun Jul 17, 2022 4:48 pm
Anonymous User wrote:
Sun Jul 17, 2022 4:40 pm
Anonymous User wrote:
Sun Jul 17, 2022 4:28 pm
Anonymous User wrote:
Sun Jul 17, 2022 3:51 pm

This is true. The bigger problem for her is that she’s not Christian and pro choice, which always made her scotus odds pretty poor. I do think Thapar’s age is one, but not the only reason, he might not have the constituency many assume now. Lagoa will definitely be too old. I would be surprised if we ever see a gop nominee much if at all above 50.

If I had to guess, the front runners right now would be Oldham, Walker, and Menashi. Don’t count out Rushing and Mizelle (she will be one of the first COA nominees and her stock has shot up lately).
Rao is not pro-choice? Menashi and Rao are also both Jewish, if that was an issue.
She privately is. This is basically Hawley et als issue with her…

Yes, Menashi is also Jewish. But he’s a hardliner on social issues more than Rao and has a lot more support from the social con crowd as a result. I think he trails Oldham and Walker partly because of it still though.
As someone who is conservative and follows this stuff closely, I don't really see Walker or Menashi being top tier candidates. Also, now that Roe has been overturned, I doubt they place as much emphasis on being pro-choice (although it'll still be a factor).
I don’t get the sense that either Menashi or (especially) Walker are particularly well-respected in elite Fed Soc circles, and it’s hard to see why you’d choose either over Oldham, who is and seems to be the leading “white guy” candidate. Both are definitely conservative warriors but there’s no shortage of those.
Last edited by Anonymous User on Sun Jul 17, 2022 5:37 pm, edited 1 time in total.

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Re: Post-Biden SCOTUS Shortlist

Post by Anonymous User » Sun Jul 17, 2022 5:36 pm

Anonymous User wrote:
Sun Jul 17, 2022 5:31 pm

Very, very few Jews are pro-life, no? I would be shocked if Rao voted to uphold Roe, but not surprised at all if she was personally pro-choice
There is a significant difference in political/moral beliefs between conservative Jews and liberal Jews. Josh Hammer, mentioned above, provides an excellent example.

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Re: Post-Biden SCOTUS Shortlist

Post by Anonymous User » Sun Jul 17, 2022 5:39 pm

Anonymous User wrote:
Sun Jul 17, 2022 5:35 pm

I don’t get the sense that either Menashi or (especially) Walker are particularly well-respected in elite Fed Soc circles, and it’s hard to see why you’d choose either over Oldham, who is and seems to be the leading “white guy” candidate. Both are definitely conservative warriors but there’s no shortage of those.
Menashi is respected, but he certainly is not headlining any SCOTUS shortlists unless he is secretly best friends with DeSantis. Walker is McConnell's protege through and through and putting him on the DC Circuit was just McConnell claiming his DC Circuit legacy, like his predecessors did. I sincerely doubt he will ever be on SCOTUS.

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Re: Post-Biden SCOTUS Shortlist

Post by Anonymous User » Sun Jul 17, 2022 6:05 pm

Anonymous User wrote:
Sun Jul 17, 2022 5:39 pm
Anonymous User wrote:
Sun Jul 17, 2022 5:35 pm

I don’t get the sense that either Menashi or (especially) Walker are particularly well-respected in elite Fed Soc circles, and it’s hard to see why you’d choose either over Oldham, who is and seems to be the leading “white guy” candidate. Both are definitely conservative warriors but there’s no shortage of those.
Menashi is respected, but he certainly is not headlining any SCOTUS shortlists unless he is secretly best friends with DeSantis. Walker is McConnell's protege through and through and putting him on the DC Circuit was just McConnell claiming his DC Circuit legacy, like his predecessors did. I sincerely doubt he will ever be on SCOTUS.
Where the two biggest considerations are (1) age and (2) reliable indications that someone will be deeply and consistently conservative on the core issues, there are not a lot of genuinely realistic candidates. Oldham is—without a doubt—the leading candidate for these reasons. But I think the point is that if, for whatever reason, Oldham is not the pick, then guys like Walker and Menashi are very realistic in an open race. They’re reliably conservative, have prominent mentors and champions both on the bench and in the party, and are quite young. Nobody really cares about how well respected they are; some of the “serious” people in fedsoc always complain about these things, but the political folks are often more focused on the basic two: deliver for the base, and serve for a long time. If we are thinking women will have an advantage, I am also intrigued by the suggestion that someone like Rushing or Mizelle could be a sleeper nom.

Also, let’s stop assuming that Ron Desantis will be potus. Yes, he’s got a great shot at the nom and decent odds to win in a general. But plenty of people made predictions about who would be president before the midterms in 2006 or 2010 or 2014 what not, and I bet they feel like fools. We are in a very volatile political climate and the gop primary might be very open and very wild—and we still don’t even know if Biden will even run again, or recover a bit in the second half of his term if he can get the economy back on track (as Obama did).

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Re: Post-Biden SCOTUS Shortlist

Post by Anonymous User » Sun Jul 17, 2022 6:07 pm

Anonymous User wrote:
Sun Jul 17, 2022 5:36 pm
Anonymous User wrote:
Sun Jul 17, 2022 5:31 pm

Very, very few Jews are pro-life, no? I would be shocked if Rao voted to uphold Roe, but not surprised at all if she was personally pro-choice
There is a significant difference in political/moral beliefs between conservative Jews and liberal Jews. Josh Hammer, mentioned above, provides an excellent example.
Yes, this is the point. No doubt Rao would vote to overturn Roe, but she is at least suspected if not conclusively known to be personally pro choice (this is widely known in DC GOP circles). Contrary to some earlier suggestions, this is absolutely still—if not now more—a key consideration for any future nominee. Abortion will only increase in prominence as an issue before the courts, and as a political issue that the parties will dig in on in the next few years post Dobbs.

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Re: Post-Biden SCOTUS Shortlist

Post by Anonymous User » Sun Jul 17, 2022 6:15 pm

Anonymous User wrote:
Sun Jul 17, 2022 6:07 pm
Anonymous User wrote:
Sun Jul 17, 2022 5:36 pm
Anonymous User wrote:
Sun Jul 17, 2022 5:31 pm

Very, very few Jews are pro-life, no? I would be shocked if Rao voted to uphold Roe, but not surprised at all if she was personally pro-choice
There is a significant difference in political/moral beliefs between conservative Jews and liberal Jews. Josh Hammer, mentioned above, provides an excellent example.
Yes, this is the point. No doubt Rao would vote to overturn Roe, but she is at least suspected if not conclusively known to be personally pro choice (this is widely known in DC GOP circles). Contrary to some earlier suggestions, this is absolutely still—if not now more—a key consideration for any future nominee. Abortion will only increase in prominence as an issue before the courts, and as a political issue that the parties will dig in on in the next few years post Dobbs.
Only the voices in Josh Hawley's head are saying this about Rao.

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Re: Post-Biden SCOTUS Shortlist

Post by Anonymous User » Sun Jul 17, 2022 6:33 pm

Anonymous User wrote:
Sun Jul 17, 2022 6:05 pm
Anonymous User wrote:
Sun Jul 17, 2022 5:39 pm
Anonymous User wrote:
Sun Jul 17, 2022 5:35 pm

I don’t get the sense that either Menashi or (especially) Walker are particularly well-respected in elite Fed Soc circles, and it’s hard to see why you’d choose either over Oldham, who is and seems to be the leading “white guy” candidate. Both are definitely conservative warriors but there’s no shortage of those.
Menashi is respected, but he certainly is not headlining any SCOTUS shortlists unless he is secretly best friends with DeSantis. Walker is McConnell's protege through and through and putting him on the DC Circuit was just McConnell claiming his DC Circuit legacy, like his predecessors did. I sincerely doubt he will ever be on SCOTUS.
Where the two biggest considerations are (1) age and (2) reliable indications that someone will be deeply and consistently conservative on the core issues, there are not a lot of genuinely realistic candidates. Oldham is—without a doubt—the leading candidate for these reasons. But I think the point is that if, for whatever reason, Oldham is not the pick, then guys like Walker and Menashi are very realistic in an open race. They’re reliably conservative, have prominent mentors and champions both on the bench and in the party, and are quite young. Nobody really cares about how well respected they are; some of the “serious” people in fedsoc always complain about these things, but the political folks are often more focused on the basic two: deliver for the base, and serve for a long time. If we are thinking women will have an advantage, I am also intrigued by the suggestion that someone like Rushing or Mizelle could be a sleeper nom.

Also, let’s stop assuming that Ron Desantis will be potus. Yes, he’s got a great shot at the nom and decent odds to win in a general. But plenty of people made predictions about who would be president before the midterms in 2006 or 2010 or 2014 what not, and I bet they feel like fools. We are in a very volatile political climate and the gop primary might be very open and very wild—and we still don’t even know if Biden will even run again, or recover a bit in the second half of his term if he can get the economy back on track (as Obama did).
Aditya Bamzai is being seriously undervalued. Like Barrett, he will be nominated to the 4th, and then quickly nominated for SCOTUS (or at least, that would be his path).

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Re: Post-Biden SCOTUS Shortlist

Post by Anonymous User » Sun Jul 17, 2022 10:57 pm

Can you imagine if DeSantis nominated VanDyke? Lolool

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Re: Post-Biden SCOTUS Shortlist

Post by Anonymous User » Mon Jul 18, 2022 11:05 am

Anonymous User wrote:
Sun Jul 17, 2022 6:33 pm
Anonymous User wrote:
Sun Jul 17, 2022 6:05 pm
Anonymous User wrote:
Sun Jul 17, 2022 5:39 pm
Anonymous User wrote:
Sun Jul 17, 2022 5:35 pm

I don’t get the sense that either Menashi or (especially) Walker are particularly well-respected in elite Fed Soc circles, and it’s hard to see why you’d choose either over Oldham, who is and seems to be the leading “white guy” candidate. Both are definitely conservative warriors but there’s no shortage of those.
Menashi is respected, but he certainly is not headlining any SCOTUS shortlists unless he is secretly best friends with DeSantis. Walker is McConnell's protege through and through and putting him on the DC Circuit was just McConnell claiming his DC Circuit legacy, like his predecessors did. I sincerely doubt he will ever be on SCOTUS.
Where the two biggest considerations are (1) age and (2) reliable indications that someone will be deeply and consistently conservative on the core issues, there are not a lot of genuinely realistic candidates. Oldham is—without a doubt—the leading candidate for these reasons. But I think the point is that if, for whatever reason, Oldham is not the pick, then guys like Walker and Menashi are very realistic in an open race. They’re reliably conservative, have prominent mentors and champions both on the bench and in the party, and are quite young. Nobody really cares about how well respected they are; some of the “serious” people in fedsoc always complain about these things, but the political folks are often more focused on the basic two: deliver for the base, and serve for a long time. If we are thinking women will have an advantage, I am also intrigued by the suggestion that someone like Rushing or Mizelle could be a sleeper nom.

Also, let’s stop assuming that Ron Desantis will be potus. Yes, he’s got a great shot at the nom and decent odds to win in a general. But plenty of people made predictions about who would be president before the midterms in 2006 or 2010 or 2014 what not, and I bet they feel like fools. We are in a very volatile political climate and the gop primary might be very open and very wild—and we still don’t even know if Biden will even run again, or recover a bit in the second half of his term if he can get the economy back on track (as Obama did).
Aditya Bamzai is being seriously undervalued. Like Barrett, he will be nominated to the 4th, and then quickly nominated for SCOTUS (or at least, that would be his path).
Bamzai and Mizelle both seem like high-priority nominations to CoA's if there is a Republican president in 2025. I suspect Bamzai gets the 4th Circuit seat that's likely to open (Judge Agee), although if Judge Henderson's D.C. Circuit seat does open he would be in the running for that too.

If DeSantis is president I think Lagoa would at least be in consideration for Attorney General. Otherwise, Mizelle may be waiting for a while. She would need a Democratic judge to go senior under a Republican, or she'd need to get the Justin Walker D.C. Circuit treatment.

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Re: Post-Biden SCOTUS Shortlist

Post by Anonymous User » Mon Jul 18, 2022 11:26 am

Anonymous User wrote:
Mon Jul 18, 2022 11:05 am

Bamzai and Mizelle both seem like high-priority nominations to CoA's if there is a Republican president in 2025. I suspect Bamzai gets the 4th Circuit seat that's likely to open (Judge Agee), although if Judge Henderson's D.C. Circuit seat does open he would be in the running for that too.

If DeSantis is president I think Lagoa would at least be in consideration for Attorney General. Otherwise, Mizelle may be waiting for a while. She would need a Democratic judge to go senior under a Republican, or she'd need to get the Justin Walker D.C. Circuit treatment.
Lagoa is not going to be AG, where on Earth did this come from? Mizelle is 35 years old, she can literally wait 2 decades. Her husband is also a Trump ally, not a DeSantis one. If DeSantis is president, I doubt he does anything for her.
Last edited by Anonymous User on Mon Jul 18, 2022 11:28 am, edited 1 time in total.

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Re: Post-Biden SCOTUS Shortlist

Post by Anonymous User » Mon Jul 18, 2022 11:27 am

Anonymous User wrote:
Mon Jul 18, 2022 11:05 am
Anonymous User wrote:
Sun Jul 17, 2022 6:33 pm
Anonymous User wrote:
Sun Jul 17, 2022 6:05 pm
Anonymous User wrote:
Sun Jul 17, 2022 5:39 pm
Anonymous User wrote:
Sun Jul 17, 2022 5:35 pm

I don’t get the sense that either Menashi or (especially) Walker are particularly well-respected in elite Fed Soc circles, and it’s hard to see why you’d choose either over Oldham, who is and seems to be the leading “white guy” candidate. Both are definitely conservative warriors but there’s no shortage of those.
Menashi is respected, but he certainly is not headlining any SCOTUS shortlists unless he is secretly best friends with DeSantis. Walker is McConnell's protege through and through and putting him on the DC Circuit was just McConnell claiming his DC Circuit legacy, like his predecessors did. I sincerely doubt he will ever be on SCOTUS.
Where the two biggest considerations are (1) age and (2) reliable indications that someone will be deeply and consistently conservative on the core issues, there are not a lot of genuinely realistic candidates. Oldham is—without a doubt—the leading candidate for these reasons. But I think the point is that if, for whatever reason, Oldham is not the pick, then guys like Walker and Menashi are very realistic in an open race. They’re reliably conservative, have prominent mentors and champions both on the bench and in the party, and are quite young. Nobody really cares about how well respected they are; some of the “serious” people in fedsoc always complain about these things, but the political folks are often more focused on the basic two: deliver for the base, and serve for a long time. If we are thinking women will have an advantage, I am also intrigued by the suggestion that someone like Rushing or Mizelle could be a sleeper nom.

Also, let’s stop assuming that Ron Desantis will be potus. Yes, he’s got a great shot at the nom and decent odds to win in a general. But plenty of people made predictions about who would be president before the midterms in 2006 or 2010 or 2014 what not, and I bet they feel like fools. We are in a very volatile political climate and the gop primary might be very open and very wild—and we still don’t even know if Biden will even run again, or recover a bit in the second half of his term if he can get the economy back on track (as Obama did).
Aditya Bamzai is being seriously undervalued. Like Barrett, he will be nominated to the 4th, and then quickly nominated for SCOTUS (or at least, that would be his path).
Bamzai and Mizelle both seem like high-priority nominations to CoA's if there is a Republican president in 2025. I suspect Bamzai gets the 4th Circuit seat that's likely to open (Judge Agee), although if Judge Henderson's D.C. Circuit seat does open he would be in the running for that too.

If DeSantis is president I think Lagoa would at least be in consideration for Attorney General. Otherwise, Mizelle may be waiting for a while. She would need a Democratic judge to go senior under a Republican, or she'd need to get the Justin Walker D.C. Circuit treatment.
I agree that if Henderson's seat opens up, the Republicans will try to fill it with a SCOTUS hopeful. It could be Bamzai, but I also think Kate Todd and Kate O'Scannlain could be on the list as well.

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Re: Post-Biden SCOTUS Shortlist

Post by Anonymous User » Mon Jul 18, 2022 11:54 am

What about state supreme (for both Biden and Trump/DeSantis/whatever). Seems like you could get some under-the radar conservatives/liberals in a split Senate.

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Re: Post-Biden SCOTUS Shortlist

Post by Anonymous User » Mon Jul 18, 2022 1:01 pm

Anonymous User wrote:
Mon Jul 18, 2022 11:26 am
Anonymous User wrote:
Mon Jul 18, 2022 11:05 am

Bamzai and Mizelle both seem like high-priority nominations to CoA's if there is a Republican president in 2025. I suspect Bamzai gets the 4th Circuit seat that's likely to open (Judge Agee), although if Judge Henderson's D.C. Circuit seat does open he would be in the running for that too.

If DeSantis is president I think Lagoa would at least be in consideration for Attorney General. Otherwise, Mizelle may be waiting for a while. She would need a Democratic judge to go senior under a Republican, or she'd need to get the Justin Walker D.C. Circuit treatment.
Lagoa is not going to be AG, where on Earth did this come from? Mizelle is 35 years old, she can literally wait 2 decades. Her husband is also a Trump ally, not a DeSantis one. If DeSantis is president, I doubt he does anything for her.
I don't think she's *going* to be AG either, but I've heard from two separate people to keep an eye on her in a hypothetical DeSantis administration because he really likes her. If she weren't going to be 57 in November 2024, I think he'd want to put her on SCOTUS, although I think that would only happen in the event of a surprising Sotomayor vacancy (and even there, FedSoc would likely push for a younger pick).

Mizelle is independent of Lagoa, there's obviously no way any president makes a senior personnel decision based around elevating Mizelle to the 11th Circuit. But the only way she gets on that court in the foreseeable future is if one of Wilson or Jordan steps down under a Republican, or if one of the two Republicans (much more likely Lagoa than Luck) is appointed to something else. If there is an 11th Circuit Florida opening, there will be a lot of pressure for any Republican president to choose her, even if she is most politically connected to Trump.

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Re: Post-Biden SCOTUS Shortlist

Post by Anonymous User » Tue Jul 19, 2022 5:54 am

These predictions are low-T trash, Judge VanDyke is clearly the best candidate.

Setting that aside, Trump passed over more qualified candidates to nominate a lesser white woman after the Kavanaugh fracas. Was this a one-off, or should we expect more affirmative action on the Republican side now?

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Re: Post-Biden SCOTUS Shortlist

Post by Anonymous User » Tue Jul 19, 2022 6:59 am

Anonymous User wrote:
Tue Jul 19, 2022 5:54 am
These predictions are low-T trash, Judge VanDyke is clearly the best candidate.

Setting that aside, Trump passed over more qualified candidates to nominate a lesser white woman after the Kavanaugh fracas. Was this a one-off, or should we expect more affirmative action on the Republican side now?
It’s not affirmative action if they do it because their unqualified candidates are white guys that did Wilkinson’s laundry/worked for Alliance Defending Freedom

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Re: Post-Biden SCOTUS Shortlist

Post by Anonymous User » Wed Jul 20, 2022 1:14 am

Anonymous User wrote:
Tue Jul 19, 2022 6:59 am
Anonymous User wrote:
Tue Jul 19, 2022 5:54 am
These predictions are low-T trash, Judge VanDyke is clearly the best candidate.

Setting that aside, Trump passed over more qualified candidates to nominate a lesser white woman after the Kavanaugh fracas. Was this a one-off, or should we expect more affirmative action on the Republican side now?
It’s not affirmative action if they do it because their unqualified candidates are white guys that did Wilkinson’s laundry/worked for Alliance Defending Freedom
This reads like it's supposed to be a sassy political comeback but I have no idea what it means.

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Re: Post-Biden SCOTUS Shortlist

Post by Anonymous User » Wed Jul 20, 2022 10:37 am

It's hard to know because it will depend on when the next vacancy opens up. If it opens up in 2025 or 2026, Thapar is going to get it. If it's after 2026, then Oldham is the favorite but other candidates will pop up including people who aren't even appellate judges yet (Mizelle, Bamzai, Kannon Shammugham etc).

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Re: Post-Biden SCOTUS Shortlist

Post by GFox345 » Wed Jul 20, 2022 11:23 am

Anonymous User wrote:
Wed Jun 22, 2022 12:40 pm
Who cares? A cursory read of Alito’s draft opinion shows how stupid these kinds of judges and their clerks actually are. They’ll probably nominate a “genius” like Mizelle or Walker
v brave anon

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Re: Post-Biden SCOTUS Shortlist

Post by Crazystallion » Wed Jul 20, 2022 1:02 pm

Watch for Michelle Obama and Chelsea Clinton. It's always the one who surprises everyone.

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Re: Post-Biden SCOTUS Shortlist

Post by Anonymous User » Wed Jul 20, 2022 9:49 pm

Anonymous User wrote:
Wed Jul 20, 2022 10:37 am
It's hard to know because it will depend on when the next vacancy opens up. If it opens up in 2025 or 2026, Thapar is going to get it. If it's after 2026, then Oldham is the favorite but other candidates will pop up including people who aren't even appellate judges yet (Mizelle, Bamzai, Kannon Shammugham etc).
Why are people so sure about Thapar? I know he's a feeder and has been shortlisted before, just wondering what sets him apart. Are there particular opinions that exemplify his writing/jurisprudence?

Thanks.

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Re: Post-Biden SCOTUS Shortlist

Post by Anonymous User » Thu Jul 21, 2022 3:21 pm

Anonymous User wrote:
Wed Jul 20, 2022 9:49 pm
Anonymous User wrote:
Wed Jul 20, 2022 10:37 am
It's hard to know because it will depend on when the next vacancy opens up. If it opens up in 2025 or 2026, Thapar is going to get it. If it's after 2026, then Oldham is the favorite but other candidates will pop up including people who aren't even appellate judges yet (Mizelle, Bamzai, Kannon Shammugham etc).
Why are people so sure about Thapar? I know he's a feeder and has been shortlisted before, just wondering what sets him apart. Are there particular opinions that exemplify his writing/jurisprudence?

Thanks.
Thapar is the biggest feeder in the country now, he's close to Mitch McConnell, he's a person of color, unifies the various groups in the conservative legal movement (business elites, religious liberty, textualists and originalists all like his record a lot) and everyone in Fed Soc leadership loves him. He was given the introductory keynote for their last big convention. And he's a very smart guy who has written some big opinions like his abortion opinion from earlier this year and an anti-affirmative action opinion last year. Put all these pieces together and he gets the buzz which attracts a very strong and connected clerk network.

The same thing happened for Kavanaugh and Barrett; they were the clear front-runners from start to finish. None of this means Thapar is a shoe-in. Wilkinson, Pryor, and Luttig are examples of people who started with similarly strong records and fell behind other candidates. People will definitely shoot at him and so much turns on who'll be POTUS and who will be the top advisors. But Thapar's got pole position right now.

Anonymous User
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Re: Post-Biden SCOTUS Shortlist

Post by Anonymous User » Thu Jul 21, 2022 4:08 pm

Anonymous User wrote:
Thu Jul 21, 2022 3:21 pm
Anonymous User wrote:
Wed Jul 20, 2022 9:49 pm
Anonymous User wrote:
Wed Jul 20, 2022 10:37 am
It's hard to know because it will depend on when the next vacancy opens up. If it opens up in 2025 or 2026, Thapar is going to get it. If it's after 2026, then Oldham is the favorite but other candidates will pop up including people who aren't even appellate judges yet (Mizelle, Bamzai, Kannon Shammugham etc).
Why are people so sure about Thapar? I know he's a feeder and has been shortlisted before, just wondering what sets him apart. Are there particular opinions that exemplify his writing/jurisprudence?

Thanks.
Thapar is the biggest feeder in the country now, he's close to Mitch McConnell, he's a person of color, unifies the various groups in the conservative legal movement (business elites, religious liberty, textualists and originalists all like his record a lot) and everyone in Fed Soc leadership loves him. He was given the introductory keynote for their last big convention. And he's a very smart guy who has written some big opinions like his abortion opinion from earlier this year and an anti-affirmative action opinion last year. Put all these pieces together and he gets the buzz which attracts a very strong and connected clerk network.

The same thing happened for Kavanaugh and Barrett; they were the clear front-runners from start to finish. None of this means Thapar is a shoe-in. Wilkinson, Pryor, and Luttig are examples of people who started with similarly strong records and fell behind other candidates. People will definitely shoot at him and so much turns on who'll be POTUS and who will be the top advisors. But Thapar's got pole position right now.
This plus Thapar hustles and networks like hell. He doesn't have the Roberts/Gorsuch/Kav pedigree of a couple Ivy League degrees, a SCOTUS clerkship, and then a career bouncing between the White House and elite DC firms...but he's made himself as much of a polesitter as those three were as a BC and Berkeley alum who has spent most of his career in and around Cincinnati. He has worked exceptionally hard to make himself a destination for elite clerks (beginning as a district judge in sleepy Covington, KY) and to put himself on the radar of every important FedSoc mover and shaker.

Anonymous User
Posts: 431110
Joined: Tue Aug 11, 2009 9:32 am

Re: Post-Biden SCOTUS Shortlist

Post by Anonymous User » Thu Jul 21, 2022 4:18 pm

Anonymous User wrote:
Thu Jul 21, 2022 3:21 pm
Anonymous User wrote:
Wed Jul 20, 2022 9:49 pm
Anonymous User wrote:
Wed Jul 20, 2022 10:37 am
It's hard to know because it will depend on when the next vacancy opens up. If it opens up in 2025 or 2026, Thapar is going to get it. If it's after 2026, then Oldham is the favorite but other candidates will pop up including people who aren't even appellate judges yet (Mizelle, Bamzai, Kannon Shammugham etc).
Why are people so sure about Thapar? I know he's a feeder and has been shortlisted before, just wondering what sets him apart. Are there particular opinions that exemplify his writing/jurisprudence?

Thanks.
Thapar is the biggest feeder in the country now, he's close to Mitch McConnell, he's a person of color, unifies the various groups in the conservative legal movement (business elites, religious liberty, textualists and originalists all like his record a lot) and everyone in Fed Soc leadership loves him. He was given the introductory keynote for their last big convention. And he's a very smart guy who has written some big opinions like his abortion opinion from earlier this year and an anti-affirmative action opinion last year. Put all these pieces together and he gets the buzz which attracts a very strong and connected clerk network.

The same thing happened for Kavanaugh and Barrett; they were the clear front-runners from start to finish. None of this means Thapar is a shoe-in. Wilkinson, Pryor, and Luttig are examples of people who started with similarly strong records and fell behind other candidates. People will definitely shoot at him and so much turns on who'll be POTUS and who will be the top advisors. But Thapar's got pole position right now.
It’s also good to note that Wilkinson missed out cause he was old; Pryor’s views on Roe were just too obvious without any plausible deniability when Collins and Murkowski could torpedo his nomination; and Luttig was too outspoken at a time when Dems and Republicans didn’t want to do away with the filibuster and he lacked personal charm

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Joined: Tue Aug 11, 2009 9:32 am

Re: Post-Biden SCOTUS Shortlist

Post by Anonymous User » Thu Jul 21, 2022 6:04 pm

If Thapar was going to be nominated he would have gotten Kavanaugh or Barrett's seat. Mitch McConnell isn't going to run for reelection, CA6 is mostly irrelevant nationally. Feeder status has never been that important for SCOTUS nominations.

Seriously? What are you waiting for?

Now there's a charge.
Just kidding ... it's still FREE!


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