Thursday, April 8, 2010

Who Appellate Lawyers Would Appoint

Law360.com asked prominent appellate lawyers who they would nominate to the U.S. Supreme Court when Justice John Paul Stevens announced his retirement.  (h/t How Appealing)

Several California appellate lawyers were among the respondents.

Horvitz and Levy lawyers Peder Batalden, Jeremy Rosen, Felix Shafir, and John Querio would nominate 9th Circuit Judges Margaret McKeown (left), Susan Graber, or Barry Silverman.  These “easily” confirmable “centrists” are bright, young, and “possess[] a rich background of diverse and interesting experiences.”

Kevin Fong of Pillbury would appoint Justice Carlos Moreno (right), “who would bring to the Court a unique perspective as a state supreme court justice,” including “different insights on many issues, including issues of criminal law and land use issues, for example.”

Lee Marshall of Bryan Cave suggests 7th Circuit Judge Diane Wood (below), who is “smart,” “writes well,” and “has a great demeanor on the bench and a reputation as a consensus builder.”

Kurt Melchior of Nossaman would “go outside the list of appellate judges for the nomination,” as “there have always been people from other parts of the profession on the SupremeSupreme Court, and the court has been the better for this broadening of experience.” He would consider Kathleen Sullivan or Senator Sheldon Whitehouse of Rhode Island (below), “who has prosecutorial experience in addition to a good college and law school education.”

Kelly Woodruff of Farella Braun & Martel also would nominate Kathleen Sullivan (below) due to her “impeccable credentials, litigation and academic expertise in constitutional law, and a proven track record of leadership and consensus building.”