“Here is somebody at still a young age who had a very strong institutional appreciation for the role of the Supreme Court in the federal system and worried far more maturely than some of his senior counterparts of the effect on our constitutional system.”
“I had the distinct impression he didn't think it was a good idea. There was a real risk of the proposal reducing the intended role of the Supreme Court as the final voice.”
“He has effected a sea-change in American constitutional jurisprudence. His sophisticated revival of federalism, in particular, renews that which makes democracy work -- not in theory, but on the ground. It gives divergent voices a chance to be heard and prevail, not in one venue, but in 50. Had the Court heeded his wisdom more thoroughly, there would be less nonsense about red and blue division and far less cultural warfare.”
“Unless the line-up changes, I think O'Connor will not be hearing it -- Roberts will -- and some unknown draft choice to be named later. That's going to make a difference. This one depends on the composition of the court almost entirely. I hate saying that. I spend my life teaching there is law here.”
“This case is important to law schools [some of which initiated the legal challenge] and, because it is, a lot of people will pay attention. This is a tug of war between Congress and the people who receive its money.”
“It makes almost no sense to come into a department and ignore the people who have the most experience. And, it's a sure recipe for disaster because it will build up resentment from people who have made the department of justice their life's work and it will make it less possible for the president to get his policies implemented,”
“I think what happens in this process is there is an initial search and so much work is required to satisfy the competing constituencies that once a list is assembled, few people want to give it up. Some of the names on the list are almost venerable by virtue of age and longevity. There is a certain comfort in going with what you know, but it may not be the best.”
