Publius2000

"Passion has helped us; but can do so no more. It will in future be our enemy. Reason, cold, calculating, unimpassioned reason, must furnish all the materials for our future support and defence.--Let those materials be moulded into general intelligence, sound morality, and in particular, a reverence for the constitution and laws" --Abraham Lincoln, speaking on "The Perpetuation of Our Political Institutions" Address Before the Young Men's Lyceum of Springfield, Illinois, 1838

Friday, October 28, 2005

One more...Luttig in Play?

Here is more speculation and a pitch for Luttig by Hugh Hewitt....


"Damn the Torpedoes: A Pitch for Justice Luttig.
October 28, 2005 12:25 PM PST


The encouraging news about the new short list indicates that the president is willing to run the opinions gauntlet, a preview of which we received in the attention paid my "hapless toad" case during the Roberts' hearings. Chief Justice Roberts only had a couple of years worth of opinions, though, so the distortion level we saw was significantly less than what we witnessed in September. I have long thought that this was the single biggest obstacle to a set of candidates moving to the top. Opinions are often difficult to explain to laymen, easily distorted by opponents, and mangled --intentionally or otherwise-- by media.
Both Judges Alito and
Luttig (and others) have a large set of drawers full of opinions they issued, and these will all be on the table if either man is nominated. The advantage of a McConnell over a Luttig was simply skipping this parsing, but the advantage of Luttig over all others really is a sort of jovial toughness combined with deep familiarity with D.C. thrust and parry.
There is also the factor of age --51-- which would promote Judge Luttig over most others, his long and close friendship with the new Chief Justice --which I think would be a significant advantage short and long term.
But it is really temperment that gives Luttig a special attraction. Both the Chief Justice and Judge Luttig are proteges of former White House Counsel Fred Fielding, whom I have never seen perplexed or perturbed, even during his time on the 9/11 Commission when things were getting dicey with his fellow commissioners. Fielding's aplomb has been absorbed by both the Chief Justice and Judge Luttig. It is a marvelous quality in a witness having to listen to Patrick Leahy, Joe Biden etc go on for hours and hours.
The fact that Luttig has been around the D.C. wars for literally decades has two other significant advanatges.
First, he knows walking in what is coming and he will not flinch. In fact, he will smile throughout. Nothing will surprise him.
Second, he has friends on the other side of the aisle --good friends, and help unlooked for could arrive early and perhaps even often in the process.
The Farragut Option. If the president introduces Judge Luttig as the nominee, there will be
no doubt about getting the band back together."

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