Friday, February 19, 2016

Strine as Justice of the Supreme Court of the United States?


I haven't seen his name on any of the short lists to replace Justice Scalia, but I would love to see the current Chief Justice of the Delaware Supreme Court, Leo Strine, get the nomination.

The benefits of nominating Chief Justice Strine include:

  • Promise of an entertaining nomination process. With all that he has said and written, there would be a lot of fodder, but he would be sure to hold his own. 
  • A nominee whose wit and writing style could rival Justice Scalia's.
  • Diversity. Chief Justice Strine went to Penn for law school, not Harvard or Yale. (Granted, he does teach at Harvard).
  • Serious corporate law knowledge, and, at least on this blog, we know the Supreme Court of the United States needs help in this area.
  • Extremely bright, curious, and widely read. He likely has knowledge of and an opinion on most areas of law, well outside of just corporate law.

Anyway, I am sure President Obama will go with a more conventional pick, but I do hope to see a Supreme Court justice with corporate law expertise on the court eventually.

Business Associations, Constitutional Law, Current Affairs, Delaware, Haskell Murray | Permalink


I love this idea. I can even imagine it getting some traction, although in all likelihood any nominee is doomed. Strine is a Democrat with good political connections, but the Delaware corporate angle could conceivably sway some Republicans. More likely the Delaware angle would just anger Democratic activists and Republican Senators probably aren't persuadable. But still, the hearing would definitely be worth watching.

Posted by: Brett McDonnell | Feb 19, 2016 7:48:07 AM

This thought had occurred to me, but Strine's recent writing responding to Citizen United would arouse Republican opposition.

Posted by: Franklin Gevurtz | Feb 19, 2016 9:44:38 PM

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