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Supreme Court Advocates Offer Predictions About Nominee, Key Cases

Publication Date: 
April 16, 2010
Andy Jones

Lecturer Thomas Goldstein is quoted on President Obama's strategy for choosing a nominee for the U.S. Supreme Court. Andy Jones of filed this story:

Neither SCOTUSblog founder Thomas Goldstein nor Jenner & Block associate Lindsay Harrison expect President Barack Obama to engage in a major political battle with Republicans over his nominee to replace retiring Supreme Court Justice John Paul Stevens.

Speaking at the Catholic University of America Columbus School of Law on a Wednesday panel discussion, both lawyers predicted Solicitor General Elena Kagan would be nominated.


However, Goldstein, a partner at Akin Gump Strauss Hauer & Feld, said the similarly moderate Merrick Garland, a judge on the U.S. Court of Appeals for the D.C. Circuit, would be even less controversial. He said the nomination of the more liberal Judge Diane Wood, who sits on the 7th U.S. Circuit Court of Appeals, would rally the Republican Party, which he noted has been much more successful at making courts a political issue than the Democratic Party.


On the recently argued McDonald v. City of Chicago, Goldstein said that, given the landmark yet limited 2008 decision in D.C. v. Heller, it is clear that the Roberts Court is taking the long road in laying out its views on the Second Amendment. He predicted that the Court would strike down Chicago's handgun ban, thereby expanding the individual right to bear arms to limit state governments.

Goldstein also predicted that future cases would reach the Supreme Court on everything from "open carry" laws to guns in the workplace to guns in bars.