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There's a lot of echo-chamber buzz over Third Circuit judge Samuel Alito being the nominee, and he's now an odds-on favorite in the predictions market, which in turn feeds the buzz (which includes a Tom Goldstein prediction). Alito was allegedly one of the final three candidates when Miers was picked. The Chicago Tribune's Jan Crawford Greenburg reports that McConnell is not in the running. Article III Groupie thinks all the Alito buzz is to deflect attention from Michael Luttig, but I think Luttig's vote with the 2-1 majority in Pinney v. Nokia, 402 F.3d 430 (4th Cir. 2005), has cost him important support. I'll discuss the case further next week: the Supreme Court is voting on the certiorari petition today (now styled Nokia v. Naquin) and will announce its decision Monday.



Rafael Mangual
Project Manager,
Legal Policy

Manhattan Institute


Published by the Manhattan Institute

The Manhattan Insitute's Center for Legal Policy.