by Matt Barr

On Owen, Alito

If it's true that rather suddenly, Judge Alito and Justice Corrigan's names are bobbing to the top of the buzz, that means their candidacies are probably doomed, going by the Edith Clement feint last time. Each has advantages, though.

Corrigan's resume most closely matches Ms. Justice O'Connor's when she took her seat. O'Connor was a state senator elected Superior Court judge in Arizona, then appointed to the state Court of Appeals. Corrigan was an Assisant U.S. Attorney before being appointed to the Michigan Court of Appeals and then elected to the state Supreme Court.

In the case of Alito, there is benefit to accrue to the President if his nominee is attacked as being a "Scalia clone." It's who the President promised to nominate, after all. Most of these others, the left could only muster "out of the mainstream" and "not as qualified as Roberts." If everyone is saying the nominee is too much like Scalia, the President has kept his promise, and the world knows it.

As to Judge Owen, if she's withdrawn her name from consideration, which as far as I can tell can't be confirmed, well, that's something. Why does someone who was on the short list last time and has been for the last month for the second vacancy withdraw her name at the 11th hour? What changes?

All the horror stories about how difficult the process is going to be? That's hard to believe. We haven't learned anything new about the propensity or capability of the left to want to hammer a conservative nominee. Does she withdraw because the President is agonizing over whether to nominate her or someone else, to make it easier?

It's hard to believe she was waiting to be asked. If she didn't want the job, she would have let the administration know that. Is it another feint by the White House? Are they leaking that she was being seriously considered but won't be the nominee to partially placate the base?

Or to placate people who demand a woman but won't get one? That's intriguing.

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