Possible Supreme Court Nominees

Kimberle Crenshaw - Professor of Law, University of California at Los Angeles

One of the most respected legal scholars in the country, Crenshaw is primarily known for her work on critical race theory and matrices of oppression. Having a legal philosopher of her caliber on the Court would be a dream for radical civil libertarians, and several prominent feminist bloggers have suggested her as a possible nominee, but the odds are stacked against her. Still, she probably is--and definitely should be--on the president's shortlist.

Jennifer Granholm - Governor of Michigan

Some have speculated that the only reason Governor Granholm was not selected for a high-ranking position on Obama's cabinet was because she would make such an obvious Supreme Court nominee down the road. While her lack of experience in the judiciary could be seen as a strike against her, remember that governors without judicial experience--most notably former California governor Earl Warren--have been appointed to the Court before.

Elena Kagan - U.S. Solicitor General and Former Dean of Harvard Law School

If there were a clear non-judicial frontrunner on this list, it would be Elena Kagan. Her academic credentials are impeccable, and she holds the same position--U.S. solicitor general--that perennial Bush Supreme Court shortlister Theodore Olsen held during the previous administration.

Pamela S. Karlan - Professor of Public Interest Law, Stanford Law School

As the principal founder of Stanford's Supreme Court Litigation Clinic, Karlan leads students through simulated Supreme Court cases on a regular basis. If Obama were to appoint her to the Supreme Court, her cases would no longer be simulations. Also notable: Karlan is one of the nation's leading experts on voting rights, and the textbook she co-wrote on the subject--currently in its third edition--was reviewed and adopted as class material by Obama when he was still a law school professor.

Harold Koh - Dean, Yale Law School

Koh is one of the leading U.S. scholars on international human rights law, and also has diplomacy credentials--having served as the Clinton administration's assistant secretary of state for democracy, human rights, and labor from 1998 to 2001. He would also be the first Asian American to serve on the Court.

But there are two strikes against him: First, his scholarly focus on international human rights could upset conservatives and moderates who feel that some liberal justices have already relied inappropriately on international human rights standards in their interpretation of the constitution. Second, his gender--if Koh is appointed, the eventual retirement of Justice Ginsburg would create the first all-male Court since 1981.

M. Margaret McKeown - Judge, 9th U.S. Circuit Court of Appeals

McKeown has served relatively quietly on the 9th Circuit, with the exception of one prominent 2007 ruling dealing with the government-endorsed display of religious symbols on public property (in which she wrote a majority opinion upholding separation of church and state). In this respect, she would be arguably the perfect nominee--as conservatives in the Senate would have a very difficult time painting her as an ideologue, despite her tenure on what is generally considered the most liberal U.S. circuit court.

Deval Patrick - Governor of Massachusetts

Patrick, who headed up the Clinton administration's civil rights division as assistant attorney general before being elected governor, is something of an unlikely Supreme Court candidate. He has no judicial experience, his nomination would rankle conservatives, and--as is true in the case of Harold Koh--his appointment would leave us with eight men and one woman on the Supreme Court. But Patrick is a compelling nominee, and--much like John Roberts--would be more than prepared for the scrutiny that comes with a Supreme Court nomination.

Sonia Sotomayor - Judge, 2nd U.S. Circuit Court of Appeals

Sonia Sotomayor may be the most likely Supreme Court nominee, as she has strong bipartisan support (Senator Orrin Hatch, for example, was a vocal supporter of her 1998 appointment to the 2nd Circuit), an extensive judicial record, and the endorsement of both of New York's U.S. senators. If selected, she would be the first Supreme Court justice of Latino ancestry.

Kathleen Sullivan - Professor and Former Dean, Stanford Law School

Sullivan is one of the nation's leading scholars on constitutional law, and her academic credentials are as strong as anyone's on this list (though the fact that she initially failed the California Bar exam in 2005 would no doubt be brought up, over and over again, by conservative critics). If selected, she would be the first openly gay or lesbian Supreme Court nominee.

Cass Sunstein - Felix Frankfurter Professor of Law, Harvard Law School

Sunstein has already been tapped to serve as head of the Obama administration's new White House Office of Information and Regulatory Affairs, and the scenario of the Obama administration appointing a third consecutive white male to the Supreme Court seems curious, but Sunstein's impressive academic resumé and close ties to the Obama administration make him a strong possible candidate.

Kim McLane Wardlaw - Judge, 9th U.S. Circuit Court of Appeals

Like McKeown, Wardlaw serves on the 9th Circuit Court of Appeals and would make an impressive nominee partly because she does not have an especially controversial history. Along with Sotomayor, she is one of two Latina Supreme Court nominees on Obama's probable shortlist.

Diane Wood - Judge, 7th U.S. Circuit Court of Appeals

Some Court-watchers believe that Wood, who taught alongside Obama at the University of Chicago Law School, may stand a better chance of nomination than anyone else on this list due partly to her long history on what is generally considered a fairly moderate appeals court.