Everyone’s discussion of an “out-of-the-box” possible nominee (read: not an appellate judge or academic) to replace Justice Souter on the Supreme Court is centered around Gov. Jennifer Granholm of Michigan or Gov. Deval Patrick of Massachusetts.
Then-New Hampshire Attorney General David Souter. (AP via WSJ)
Why stop at the level of governor? It would seem to me that there could likely be some great possibilities from the ranks of state attorneys general. Granholm, of course, is the former attorney general of Michigan. And Justice Souter is the former attorney general of New Hampshire.
[Setting aside legal knowledge itself, for which we have several other methods of ascertaining a nominee's qualifications, a state attorney general brings to the table several additional skills, including experience with politics and political systems, a background that will include familiarity with aspects of both criminal and civil law, a closeness to the people that comes through those previously mentioned elements (whether through campaigning, enforcing consumer protection laws, etc., or both), and the more nuanced understanding of federalism and separation of powers issues that comes with sitting in a state AG's seat.]
Here are some names for thought: Richard Blumenthal (CT), Jerry Brown (CA), Martha Coakley (MA), Richard Cordray (OH), Andrew Cuomo (NY), Drew Edmondson (OK), Doug Gansler (MD), Terry Goddard (AZ), Lisa Madigan (IL), Tom Miller (IA) and William Sorrell (VT).
Unfortunately, Blumenthal, Brown, Edmondson, Goddard, Miller and Sorrell are likely too old to find themselves seriously able to be considered for a nomination. Cordray is less than six months into his tenure as attorney general in Ohio, which leaves Coakley, Cuomo, Gansler and Madigan.
Given the value Obama has stated he will place on outstanding credentials, I turned to law school. Coakley attended Boston University School of Law, Cuomo attended Albany Law School, Gansler attended the University of Virginia Law School, and Madigan attended Loyola University Chicago School of Law. Regardless of all the great things that Attorneys General Cuomo and Madigan are doing in their jobs, I can’t see Obama nominating someone who didn’t attend a top-tier law school.
That leaves Coakley, age 55, and Gansler, age 46 or 47, as possible nominees, with an edge to Coakley because the focus from most corners of analysis is so clearly on possible women nominees.
I’m not saying that Coakley or Gansler should be nominated, but I am saying that in the interest of “expanding the field,” Attorneys General Coakley and Gansler are two names that should not be left out of consideration.
[UPDATE: Upon re-reading this, I added in the above bracketed paragraph to explain why, rather than just a similar line on the resume, the state attorney general's position might lend itself to a person having several of the attributes the President suggested were important to him for a SCOTUS nominee.]
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Chris Geidner is the award-winning senior political editor at D.C.'s Metro Weekly and has written for The Atlantic Online, The American Prospect, Advocate.com, Salon and other publications, as well as at his blog, Law Dork. In 2011, he received the Excellence in News Writing Award from the National Lesbian and Gay Journalists Association for his coverage of "Don't Ask, Don't Tell" repeal. Prior to moving to D.C. in 2009, he served as an attorney on the senior staff at the Ohio Attorney General's Office and had earlier worked for a leading Columbus law firm. An extended biography can be found