July 26, 2008

Stuart Taylor, Jr.'s cover story in the new National Journal looks at the high court appointments one might expect from a President Obama or McCain. Obama: Elena Kagan, Cass Sunstein, Merrick Garland, Hillary Rodham Clinton, Sonia Sotomayor, Eric Holder Jr., Diane Wood. McCain: Larry Thompson, Maureen Mahoney, Michael McConnell, Lindsey Graham, James Comey, Paul Clement.

The Democratic composition of the Senate might act as a brake on a President McCain's range of choice in selecting nominees, while a President Obama would likely have a freer hand:

Obama, who voted against both [John Roberts and Samuel Alito] during their Senate confirmation hearings, has said that they and the Court too often side with "the powerful against the powerless" and lack "empathy" for ordinary people. The presumptive Democratic nominee exudes determination to move the Court sharply to the left if he gets the chance.