by TChris

Until recently, potential jurors were summoned to court in Indiana by selecting names from voter registration lists. That selection method failed to provide a representative cross-section of the community, given the reality that so many people don't bother to vote. Among other problems, the selection process contributed to a lack of racial diversity on juries. And jury pools chosen from voter registration lists tend to skew toward older, retired jurors who have time to go to the polls.

Last month, taxpayer records, drivers' license, and state ID records were added to the lists from which potential jurors are chosen in Indiana.

by Last Night in Little Rock

Justice Antonin Scalia, in NYC today as Grand Marshal of the Columbus Day parade, said yesterday that he did not expect to be named Chief Justice, although the President had bandied his name around as a role model for a Chief Justice. He also said that it would be an honor to be named, but it would have taken too much of his time.

by Last Night in Little Rock

When Kenneth Starr was running around the Arkansas and D.C. woods like a hound dog in heat looking for the non-existent goods on Clinton, he insisted that everybody address him as "Judge Starr," even though he resigned his lifetime appointment to have a better shot at the Supreme Court and then blew it by being a neo-con witchhunter. He no longer had the right to even suggest he be called "Judge," unless he wanted his wife, children, and maid to do it.

Today, as Dean of the Pepperdine Law School, he moved the admission of several lawyers into the Bar of the Supreme Court. The Chief Justice referred to him as "Dean Starr." Finally, somebody humbled the unhumbleable.

by Last Night in Little Rock

CNN just put out the following breaking news: "President Bush to nominate White House counsel Harriett Miers to replace retiring Supreme Court Justice Sandra Day O'Connor, CNN has learned." See the just posted articles at ABC News , the NY Times, and the Chicago Sun-Times.

by Last Night in Little Rock

The embattled Republican Party, suffering through the last month of missteps and outright screw-ups, is looking forward to the weeks ahead. According to an article in tomorrow's NY Times, Embattled Republicans Seek to Regain Control of Agenda, they collectively hope that the immediately forthcoming Supreme Court nomination and fall legislative agenda will bolster their poll numbers and image.

by Last Night in Little Rock

The ABA Journal eReport issued today says that a random survey of 1016 Americans (not including Lousiana, Mississippi, or Alabama because of Katrina) finds that half of the respondents believe there is a "judicial activism crisis."

The Ameicican Constitution Society blog has names and profiles of potential Surpeme Court replacement nominees for Retiring Justice Sandra Day O'Cornnor.

I'm still going with: Harriet Miers, Conselo Callahan or Larry Thompson.

My hope is Ed Prado.

by Last Night in Little Rock

Constance Motley, the first African-American female federal judge, died Wednesday at 84. Her life warranted a NY Times story, and not just an obit. This is the passing of a legend that most lawyers have never heard of.

She paid her dues as a civil rights lawyer, working on school desegregation cases in the 50's and 60's. Back when law firms were 99% white and male, the NAACP lawyers were all races and both sexes.

She was on the bench just short of 40 years, and that would make her a Johnson appointee.

by Last Night in Little Rock

The Paleo-Cons have already started the media campaign for the next nominee to the Supreme Court. Tonight on CNN was an ad whining about Roberts' having to testify for 22 hours, and that the next nominee should get a "fair up or down vote."

For the first time in my lifetime, a member of the U.S. Supreme Court is younger than me, by seven years. The most senior member, not including late Chief Justice Rehnquist who served 33 years, is Justice Stevens, who, Roberts noted today hits the 30 year mark in December.

Is 22 hours of testimony too much to ask for a 30 year job commitment?

People for the American Way provides this list of consensus nominees for the replacement of retiring Justice Sandra Day O'Connor:

There are a number of distinguished judges first appointed to the federal bench by Republican presidents who would, like Sandra Day O’Connor, likely receive overwhelming bipartisan support to replace her. Among them are Ann Williams of the U.S. Court of Appeals for the 7th Circuit, Sonia Sotomayor of the 2nd Circuit, Jose Cabranes of the 2nd Circuit and Edward Prado of the 5th Circuit. President Bush would serve the country well by choosing a consensus nominee rather than an ideologue who would move the Court substantially to the right.

My pick: Ed Prado.

The AP reports that the White House is close to announcing President Bush's next nominee for Supreme Court Justice. It mentions two names: Former Deputy Attorney General Larry Thompson and White House Counsel and former Bush personal lawyer Harriet Miers.

I was on a blogger conference call a few hours ago with Sen. Harry Reid, and he said that he would like to see Ms. Miers get the nod. Sen. Reid also said that if Bush picks any of the 10 nominees the Democrats previously balked at, they will "go to the mat."

This is hard for me because I know both Larry Thompson and Harriet Miers personally - through legal organizations and boards we have been members of together. I know Larry Thompson much better than Harriet Miers, but I like and respect them both. As to Larry, I've previously written:

CNN reports that President Bush may announce his nominee to replace retiring Supreme Court Justice Sandra Day O'Connor on Friday - the day after the Senate votes to confirm John Roberts as Chief Justice.

Reading between the lines of what sources tell CNN:

• It will be a woman or a minority
• It will not be an extremist like Priscilla Owen, or Janice Rogers Brown or even conservative Edith Clement
• It could be former Deputy Attorney General Larry Thompson

I would add to the list of possible nominees: 9th Circuit Judge Consuelo Callahan. Like 5th Circuit Judge Ed Prado, she was put on the Court by Bush - and overwhelmingly supported by Democrats on the Judicary Committee.