SCOTUS Talk: Granholm's more than qualified, and her chances are improving...

by: LiberalLucy

Sun May 17, 2009 at 12:48:15 PM EDT

When word leaked out last week that Gov. Jennifer Granholm's name was on the short list of possible Supreme Court nominees to replace retiring Justice David Souter, the casual observer probably wouldn't have played the odds.

But for the insiders and those paying careful attention to what President Obama himself said when making the announcement, they're feeling pretty confident.

Now, the process of selecting someone to replace Justice Souter is among my most serious responsibilities as President. So I will seek somebody with a sharp and independent mind and a record of excellence and integrity.  I will seek someone who understands that justice isn't about some abstract legal theory or footnote in a case book.  It is also about how our laws affect the daily realities of people's lives -- whether they can make a living and care for their families; whether they feel safe in their homes and welcome in their own nation.

I view that quality of empathy, of understanding and identifying with people's hopes and struggles as an essential ingredient for arriving as just decisions and outcomes.  I will seek somebody who is dedicated to the rule of law, who honors our constitutional traditions, who respects the integrity of the judicial process and the appropriate limits of the judicial role.  I will seek somebody who shares my respect for constitutional values on which this nation was founded, and who brings a thoughtful understanding of how to apply them in our time.

The articles in the state's two largest papers pretty well seem to agree with the insiders, and as they say, it's because Granholm's about as qualified as they can get. 

From the Detroit News:

President Barack Obama could reveal his Supreme Court pick as early as this week, and experts say Michigan Gov. Jennifer Granholm's best shot is if he's looking to add the fresh perspective of a politician who's dealt up-close with the daily struggles of ordinary Americans.

Gone are the days where a nominee had to be a sitting judge. Nowadays, it's actually a little more preferable if they're not a sitting judge. Also from Deb Price at the Detroit News -

"We've gotten in to our head that you have to be a judge -- that just isn't true," said Russell Wheeler, a leading court watcher at the Brookings Institution, who likes Granholm's chances.

"Here is someone who would bring to the court legal skills -- she's litigated, she was the manager of a large law firm called the Attorney General of Michigan -- and she knows how people are really hurting because of the auto industry and a bad economy. I see her not having been a judge a plus, not a minus."

Granholm certainly has the chops to make the cut. One could even argue she's even more qualified than some of the other names being thrown around. Consider this - first from the Freep:

Gov. Jennifer Granholm might be a long shot on the short list for a spot on the Supreme Court, but -- if historical standards are applied -- lack of experience as a judge shouldn't stop her.

Some of the most preeminent jurists on the land's highest court lacked prior judicial experience -- think William Rehnquist, Louis Brandeis, Earl Warren. Even John Marshall.

So as President Barack Obama considers a replacement for retiring Justice David Souter on a court made up entirely of former federal appellate judges, it should come as no surprise that, in several quarters, advocates are calling for a non-judge, perhaps even a politician like Granholm, to get the nod.

"I like those kind of people," said historian Stanley Kutler, professor emeritus at the University of Wisconsin Law School. "Someone who has been out there in the real world and has seen the problems of people firsthand."

And then there's this, from the News again -

Granholm, 50, graduated from Harvard Law School with honors and was editor-in-chief of the Harvard Civil Rights and Civil Liberties Law Review. She's been a lawyer at the local, state and federal level, and authored legal opinions as well as scholarly law journal articles.

She was a judicial clerk for the U.S. Court of Appeals for the 6th Circuit Court, which includes Michigan. In 1990, she became a federal prosecutor in Detroit, where she racked up a 99 percent conviction rate.

Four years later, she was appointed Wayne County Corporation Counsel. In 1998, she was elected as Michigan's first woman attorney general. In that post, she authored 115 quasi-judicial legal opinions supervising civil, criminal and appellate cases.

-snip-

Granholm has an appealing personal story, as a career mom who juggled demanding jobs, marriage and three children. She also has been scrutinized by the media and has had no major scandals.

"Granholm's an excellent candidate," said Richard Friedman, a law professor and Supreme Court expert at the University of Michigan.

The odds do look good, and if I were a betting woman, based on the statements from the President himself and qualifications, I'd say our governor has more than a fighting chance.