Barack Obama Supreme Court Candidate
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President President most commonly refers to: *President (corporate title) *President (education), a leader of a college or university *President (government title) President may also refer to: Automobiles * Nissan President, a 1966–2010 Japanese ful ...
Barack Obama Barack Hussein Obama II ( ; born August 4, 1961) is an American politician who served as the 44th president of the United States from 2009 to 2017. A member of the Democratic Party, Obama was the first African-American president of the U ...
made two successful appointments to the
Supreme Court of the United States The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that involve a point o ...
. The first was Judge Sonia SotomayorMark Silva
Sonia Sotomayor is Obama's Supreme Court nominee
''
Los Angeles Times The ''Los Angeles Times'' (abbreviated as ''LA Times'') is a daily newspaper that started publishing in Los Angeles in 1881. Based in the LA-adjacent suburb of El Segundo since 2018, it is the sixth-largest newspaper by circulation in the Un ...
'' (May 26, 2009).
to fill the vacancy created by the retirement of
Justice Justice, in its broadest sense, is the principle that people receive that which they deserve, with the interpretation of what then constitutes "deserving" being impacted upon by numerous fields, with many differing viewpoints and perspective ...
David H. Souter David Hackett Souter ( ; born September 17, 1939) is an American lawyer and jurist who served as an associate justice of the U.S. Supreme Court from 1990 until his retirement in 2009. Appointed by President George H. W. Bush to fill the seat ...
.Jeff Zeleny
Obama Announces Souter’s Retirement
''
The New York Times ''The New York Times'' (''the Times'', ''NYT'', or the Gray Lady) is a daily newspaper based in New York City with a worldwide readership reported in 2020 to comprise a declining 840,000 paid print subscribers, and a growing 6 million paid ...
'' (May 1, 2009).
Sotomayor was confirmed by the
United States Senate The United States Senate is the upper chamber of the United States Congress, with the House of Representatives being the lower chamber. Together they compose the national bicameral legislature of the United States. The composition and pow ...
on August 6, 2009, by a vote of 68–31. The second appointment was that of Solicitor General
Elena Kagan Elena Kagan ( ; born April 28, 1960) is an American lawyer who serves as an associate justice of the Supreme Court of the United States. She was nominated by President Barack Obama on May 10, 2010, and has served since August 7, 2010. Kagan ...
to replace the retired
John Paul Stevens John Paul Stevens (April 20, 1920 – July 16, 2019) was an American lawyer and jurist who served as an associate justice of the Supreme Court of the United States from 1975 to 2010. At the time of his retirement, he was the second-oldes ...
. Kagan was confirmed by the Senate on August 5, 2010, by a vote of 63–37. During his final year in office, Obama had an opportunity to fill a third Supreme Court vacancy, following the February 13, 2016, death of Associate Justice
Antonin Scalia Antonin Gregory Scalia (; March 11, 1936 – February 13, 2016) was an American jurist who served as an associate justice of the Supreme Court of the United States from 1986 until his death in 2016. He was described as the intellectu ...
. On March 16, 2016, he nominated
Merrick Garland Merrick Brian Garland (born November 13, 1952) is an American lawyer and jurist serving since March 2021 as the 86th United States attorney general. He previously served as a U.S. circuit judge of the U.S. Court of Appeals for the District of ...
, the chief judge of the United States Court of Appeals for the District of Columbia Circuit to the Court."President Obama Delivers a Statement on the Passing of Supreme Court Justice Scalia", Rancho Mirage, CA, Feb. 13, 2016, available a

/ref> However, Republican leaders in the Senate announced that they planned to withhold voting on any potential nominee until a new president was elected. Senate Democrats responded that there was sufficient time to vote on a nominee before the election. Consequently, no action was taken on the nomination, which expired in January 2017. During most of Presidency of Barack Obama, Obama's presidency, there had been speculation about the potential retirement of Justice
Ruth Bader Ginsburg Joan Ruth Bader Ginsburg ( ; ; March 15, 1933September 18, 2020) was an American lawyer and jurist who served as an associate justice of the Supreme Court of the United States from 1993 until her death in 2020. She was nominated by President ...
,Ariane de Vogue
White House Prepares for Possibility of 2 Supreme Court Vacancies
''
ABC News ABC News is the news division of the American broadcast network ABC. Its flagship program is the daily evening newscast ''ABC World News Tonight, ABC World News Tonight with David Muir''; other programs include Breakfast television, morning ...
'' (February 4, 2010).
At Supreme Court, no one rushes into retirement
''
USA Today ''USA Today'' (stylized in all uppercase) is an American daily middle-market newspaper and news broadcasting company. Founded by Al Neuharth on September 15, 1982, the newspaper operates from Gannett's corporate headquarters in Tysons, Virgini ...
'' (July 13, 2008).
who turned 80 in 2013 and was previously diagnosed with
colon cancer Colorectal cancer (CRC), also known as bowel cancer, colon cancer, or rectal cancer, is the development of cancer from the colon or rectum (parts of the large intestine). Signs and symptoms may include blood in the stool, a change in bowel mo ...
and
pancreatic cancer Pancreatic cancer arises when cell (biology), cells in the pancreas, a glandular organ behind the stomach, begin to multiply out of control and form a Neoplasm, mass. These cancerous cells have the malignant, ability to invade other parts of t ...
.Adam Liptak
Ginsburg Has Surgery for Pancreatic Cancer
''
The New York Times ''The New York Times'' (''the Times'', ''NYT'', or the Gray Lady) is a daily newspaper based in New York City with a worldwide readership reported in 2020 to comprise a declining 840,000 paid print subscribers, and a growing 6 million paid ...
'' (February 5, 2009).
Carrie Johnson
Ginsburg illness puts focus on Obama's choices
''
The Washington Post ''The Washington Post'' (also known as the ''Post'' and, informally, ''WaPo'') is an American daily newspaper published in Washington, D.C. It is the most widely circulated newspaper within the Washington metropolitan area and has a large nati ...
'' (February 6, 2009).
Justice Ginsburg died on September 18, 2020, during
Donald Trump Donald John Trump (born June 14, 1946) is an American politician, media personality, and businessman who served as the 45th president of the United States from 2017 to 2021. Trump graduated from the Wharton School of the University of Pe ...
's presidency, and was replaced by Amy Coney Barrett on October 27, 2020.


Court composition under Obama


Politics


Obama opposition to Bush nominees

During the
109th Congress The 109th United States Congress was a meeting of the legislative branch of the United States federal government, composed of the United States Senate and the United States House of Representatives, from January 3, 2005 to January 3, 2007, dur ...
, then-Senator Obama voted against both of President
George W. Bush George Walker Bush (born July 6, 1946) is an American politician who served as the 43rd president of the United States from 2001 to 2009. A member of the Republican Party, Bush family, and son of the 41st president George H. W. Bush, he ...
's nominees to the Supreme Court. In a speech announcing his opposition to John Roberts, Obama stated: In explaining his opposition to
Samuel Alito Samuel Anthony Alito Jr. ( ; born April 1, 1950) is an American lawyer and jurist who serves as an associate justice of the Supreme Court of the United States. He was nominated by President George W. Bush on October 31, 2005, and has served ...
, Obama further evaluated the qualities he found important in a Supreme Court justice:


Obama comments during 2008 presidential campaign

In a speech on July 17, 2007, before the
Planned Parenthood Action Fund The Planned Parenthood Federation of America, Inc. (PPFA), or simply Planned Parenthood, is a nonprofit organization that provides reproductive health care in the United States and globally. It is a tax-exempt corporation under Internal Reven ...
, he elaborated even more: In November 2007, Obama was asked about the kind of justices he would appoint to the Supreme Court. He responded: Later in March 2008, while on the campaign trail in Ohio, Obama again addressed the traits he would look for in a Supreme Court justice, suggesting he might leaven legal scholarship with practical political experience. He held up
Earl Warren Earl Warren (March 19, 1891 – July 9, 1974) was an American attorney, politician, and jurist who served as the 14th Chief Justice of the United States from 1953 to 1969. The Warren Court presided over a major shift in American constitution ...
, a former governor of California who later became Chief Justice, as an example. Mr. Warren, he said, had had the wisdom to recognize that segregation was wrong less because of precise sociological effects and more so because it was immoral and stigmatized blacks: Later, however, Obama seemed to step away from the example of Warren. In an interview with the editorial board of the ''
Detroit Free Press The ''Detroit Free Press'' is the largest daily newspaper in Detroit, Michigan, US. The Sunday edition is titled the ''Sunday Free Press''. It is sometimes referred to as the Freep (reflected in the paper's web address, www.freep.com). It primari ...
'' on October 2, 2008, Obama said: Instead, Obama mentioned then current justices David Souter and
Stephen Breyer Stephen Gerald Breyer ( ; born August 15, 1938) is a retired American lawyer and jurist who served as an associate justice of the U.S. Supreme Court from 1994 until his retirement in 2022. He was nominated by President Bill Clinton, and repl ...
as examples of people he would like to nominate to the Supreme Court in the future: In the third and final presidential debate with Republican nominee
John McCain John Sidney McCain III (August 29, 1936 – August 25, 2018) was an American politician and United States Navy officer who served as a United States senator from Arizona from 1987 until his death in 2018. He previously served two terms ...
on October 15, 2008, Obama also implied that he would look for a Supreme Court nominee with previous judicial experience:


Court demographics

Demographic considerations have played into the appointment of Supreme Court justices since the institution was established. Starting in the 20th century, these concerns shifted from geographic representation to issues of gender and ethnicity.Jeffrey Toobin
Diverse Opinions
''
The New Yorker ''The New Yorker'' is an American weekly magazine featuring journalism, commentary, criticism, essays, fiction, satire, cartoons, and poetry. Founded as a weekly in 1925, the magazine is published 47 times annually, with five of these issues ...
'', (June 8, 2009).
Prior to the 2008 presidential election, many court watchers suggested that the next president would be under significant pressure to appoint another woman or ethnic minority to the court.Greg Stohr
Obama, McCain Would Look to Women, Hispanics for Supreme Court
'' Bloomberg'' (July 15, 2008).
Jeffrey Rosen Jeffrey Rosen may refer to: * Jeffrey Rosen (legal academic) (born 1964), U.S. academic and commentator on legal affairs * Jeffrey Rosen (businessman), American billionaire businessman * Jeffrey A. Rosen (born 1958), U.S. lawyer who served as Depu ...

Short Bench: Why the Dems lack Supreme Court nominees
''
The New Republic ''The New Republic'' is an American magazine of commentary on politics, contemporary culture, and the arts. Founded in 1914 by several leaders of the progressive movement, it attempted to find a balance between "a liberalism centered in hum ...
'' (March 12, 2008).
The calls for naming more women were particularly widespread given the recent retirement of
Sandra Day O'Connor Sandra Day O'Connor (born March 26, 1930) is an American retired attorney and politician who served as the first female associate justice of the Supreme Court of the United States from 1981 to 2006. She was both the first woman nominated and th ...
and the rapidly changing demographics of the legal community, with women now accounting for about a fifth of all law partners and law school deans, a quarter of the federal bench, and nearly half of all law school graduates.Charlie Savage
Wider World of Choices to Fill Souter’s Vacancy
''
The New York Times ''The New York Times'' (''the Times'', ''NYT'', or the Gray Lady) is a daily newspaper based in New York City with a worldwide readership reported in 2020 to comprise a declining 840,000 paid print subscribers, and a growing 6 million paid ...
'' (May 1, 2009).
Shortly before the election, for example, NPR reported, "Most observers of the Supreme Court agree about one thing: The next nominee is likely to be a woman". Nina Totenberg
Law School Past Shapes Obama's View On Justices
''
National Public Radio National Public Radio (NPR, stylized in all lowercase) is an American privately and state funded nonprofit media organization headquartered in Washington, D.C., with its NPR West headquarters in Culver City, California. It differs from other n ...
'' (November 2, 2008).
Furthermore, after Obama's presidential election victory, Hispanic legal interests groups such as the
Hispanic National Bar Association The Hispanic National Bar Association (HNBA) is a 501(c)(6) organization representing Hispanics in the legal profession, including attorneys, judges, law professors, legal assistant and paralegals, and law students in the United States and its ...
began urging Obama to nominate a Hispanic justice. Tony Mauro
Pressure Is on Obama to Name First Hispanic Supreme Court Justice
'' Legal Times'' (December 1, 2008).
Given the relative youth of the most recent Republican appointments, it was also noted that Democrats had "a strong incentive to pick younger justices this time around". Age proved to be an important consideration for Obama, who was "looking for a justice who will be an intellectual force on the court for many years to come".Bill Mears
Sources: High court selection process down to finalists
''
CNN CNN (Cable News Network) is a multinational cable news channel headquartered in Atlanta, Georgia, U.S. Founded in 1980 by American media proprietor Ted Turner and Reese Schonfeld as a 24-hour cable news channel, and presently owned by the M ...
'' (May 13, 2009).
As a result, Obama did not seriously consider candidates such as
José A. Cabranes José Alberto Cabranes (born December 22, 1940) is an American lawyer who serves as a Senior United States circuit judge of the United States Court of Appeals for the Second Circuit and a former presiding judge of the United States Foreign Intell ...
,
Amalya Kearse Amalya Lyle Kearse (born June 11, 1937)Goldstein, Tom. "Amalya Lyle Kearse; Woman in the News", ''The New York Times'', June 25, 1979. is a senior United States circuit judge of the United States Court of Appeals for the Second Circuit and a worl ...
,
Diana Gribbon Motz Diana Jane Gribbon Motz (born July 15, 1943) is a Senior United States circuit judge of the United States Court of Appeals for the Fourth Circuit. Early life and education Born in Washington, D.C., Motz was raised in a legal family. Her fathe ...
, David Tatel, and
Laurence Tribe Laurence Henry Tribe (born October 10, 1941) is an American legal scholar who is a University Professor Emeritus at Harvard University. He previously served as the Carl M. Loeb University Professor at Harvard Law School. A constitutional law sc ...
, all of whom he respected but were older than 65 when Obama was looking to replace David Souter. With the retirement of Justice Stevens, some commentators directed focus on the religious make-up of the court. Upon Justice Stevens' retirement, the Court lacked any Protestant members, marking the first time in its history that it will be exclusively composed of Jewish and Catholic Justices. Nina Totenberg, "Supreme Court May Soon Lack Protestant Justices," NPR, ''Heard on Morning Edition'', April 7, 2010, found a
NPR website
and transcript found a
NPR website
Cited by Sarah Pulliam Bailey, "The Post-Protestant Supreme Court: Christians weigh in on whether it matters that the high court will likely lack Protestant representation," ''
Christianity Today ''Christianity Today'' is an evangelical Christian media magazine founded in 1956 by Billy Graham. It is published by Christianity Today International based in Carol Stream, Illinois. ''The Washington Post'' calls ''Christianity Today'' "evange ...
'', April 10, 2010, found a
Christianity Today website
Also cited by "Does the U.S. Supreme Court need another Protestant?" ''
USA Today ''USA Today'' (stylized in all uppercase) is an American daily middle-market newspaper and news broadcasting company. Founded by Al Neuharth on September 15, 1982, the newspaper operates from Gannett's corporate headquarters in Tysons, Virgini ...
'', April 9, 2010, found a
USA Today website
All accessed April 10, 2010.


Sonia Sotomayor nomination

On May 26, 2009, Obama announced Second Circuit appeals court judge Sonia Sotomayor as his choice to replace retiring Associate Justice
David H. Souter David Hackett Souter ( ; born September 17, 1939) is an American lawyer and jurist who served as an associate justice of the U.S. Supreme Court from 1990 until his retirement in 2009. Appointed by President George H. W. Bush to fill the seat ...
. Sotomayor's nomination was submitted to the
United States Senate The United States Senate is the upper chamber of the United States Congress, with the House of Representatives being the lower chamber. Together they compose the national bicameral legislature of the United States. The composition and pow ...
on June 1, 2009, when the
111th Congress The 111th United States Congress was a meeting of the legislative branch of the United States federal government from January 3, 2009, until January 3, 2011. It began during the last weeks of the George W. Bush administration, with th ...
reconvened after its Memorial Day recess. Sotomayor was confirmed by the Senate on August 6, 2009, by a vote of 68–31,Charlie Savage
Sotomayor Confirmed by Senate, 68-31
''
The New York Times ''The New York Times'' (''the Times'', ''NYT'', or the Gray Lady) is a daily newspaper based in New York City with a worldwide readership reported in 2020 to comprise a declining 840,000 paid print subscribers, and a growing 6 million paid ...
'' (August 6, 2009).
and was sworn in as an Associate Justice on August 8, 2009.Greg Storh
Sonia Sotomayor Sworn In as Supreme Court Justice
'' Bloomberg'' (August 8, 2009).


David Souter retirement

Long before the election of President Obama, Associate Justice
David H. Souter David Hackett Souter ( ; born September 17, 1939) is an American lawyer and jurist who served as an associate justice of the U.S. Supreme Court from 1990 until his retirement in 2009. Appointed by President George H. W. Bush to fill the seat ...
had expressed a desire to leave Washington, D.C., and return to his native
New Hampshire New Hampshire is a U.S. state, state in the New England region of the northeastern United States. It is bordered by Massachusetts to the south, Vermont to the west, Maine and the Gulf of Maine to the east, and the Canadian province of Quebec t ...
.Robert Barnes
Souter Reportedly Planning to Retire From High Court
''
The Washington Post ''The Washington Post'' (also known as the ''Post'' and, informally, ''WaPo'') is an American daily newspaper published in Washington, D.C. It is the most widely circulated newspaper within the Washington metropolitan area and has a large nati ...
'' (May 1, 2009).
The election of a Democratic president in 2008 made Souter more inclined to retire, but he did not want to create a situation in which there would be multiple vacancies at once. Souter apparently became satisfied that no other justices planned to retire at the end of the Supreme Court's term in June 2009. As a result, in mid-April 2009 he privately notified the
White House The White House is the official residence and workplace of the president of the United States. It is located at 1600 Pennsylvania Avenue NW in Washington, D.C., and has been the residence of every U.S. president since John Adams in 1800. ...
of his intent to retire from the Supreme Court at the conclusion of its business for that term. Souter submitted a resignation letter to Obama on May 1, who later that day made an unscheduled appearance during the daily White House press briefing to publicly announce Souter's retirement.


Short list

Obama began the process of identifying potential Supreme Court nominees shortly after his election in 2008, before a Supreme Court vacancy was actually known.
White House Counsel The White House counsel is a senior staff appointee of the president of the United States whose role is to advise the president on all legal issues concerning the president and their administration. The White House counsel also oversees the Of ...
Greg Craig Gregory Bestor Craig (born March 4, 1945) is an American lawyer and former White House Counsel under President Barack Obama, from 2009 to 2010. A former attorney at the Washington, D.C. law firm of Williams & Connolly, Craig has represented nume ...
helped assemble an early list of possible names. Once the White House had learned of Souter's plans to retire, two members of the Vice President's staff,
Chief of Staff The title chief of staff (or head of staff) identifies the leader of a complex organization such as the armed forces, institution, or body of persons and it also may identify a principal staff officer (PSO), who is the coordinator of the supporti ...
Ron Klain Ronald Alan Klain ( ; born August 8, 1961) is an American attorney, political consultant, and former lobbyist serving as White House chief of staff under President Joe Biden. A Democrat, he was previously chief of staff to two vice presidents ...
and Counsel
Cynthia Hogan Cynthia C. Hogan (born 1958) is an American attorney and political advisor who served as counsel to the Vice President of the United States, Joe Biden, from 2009 to 2013. In 2020, Hogan joined the Joe Biden 2020 presidential campaign as a member ...
, ran the daily operations of the selection process. Within a week of Souter's announcement the White House had formalized its
short list A short list or shortlist is a list of candidates for a job, prize, award, political position, etc., that has been reduced from a longer list of candidates (sometimes via intermediate lists known as "long lists"). The length of short lists varie ...
of candidates to replace Souter, with Judge Sonia Sotomayor of the Second Circuit, Judge Diane Pamela Wood of the
Seventh Circuit The United States Court of Appeals for the Seventh Circuit (in case citations, 7th Cir.) is the U.S. federal court with appellate jurisdiction over the courts in the following districts: * Central District of Illinois * Northern District of Ill ...
, and Solicitor General
Elena Kagan Elena Kagan ( ; born April 28, 1960) is an American lawyer who serves as an associate justice of the Supreme Court of the United States. She was nominated by President Barack Obama on May 10, 2010, and has served since August 7, 2010. Kagan ...
reportedly leading contenders for the nomination.
Jan Crawford Greenburg Jan Crawford, also known as Jan Crawford Greenburg, is a television journalist, author, and attorney. She serves as a political correspondent and chief legal correspondent for CBS News and previously for ABC News. She appears regularly on the CBS ...

White House Formalizes Supreme Court Short List
''
ABC News ABC News is the news division of the American broadcast network ABC. Its flagship program is the daily evening newscast ''ABC World News Tonight, ABC World News Tonight with David Muir''; other programs include Breakfast television, morning ...
'' (May 7, 2009).
Homeland Security Secretary Janet Napolitano, California Supreme Court Justice Carlos Moreno, and Michigan Governor Jennifer Granholm were also reportedly on the short list of candidates under serious consideration by the White House.Ben Feller
White House: No interviews of court candidates yet
''
Associated Press The Associated Press (AP) is an American non-profit news agency headquartered in New York City. Founded in 1846, it operates as a cooperative, unincorporated association. It produces news reports that are distributed to its members, U.S. newspa ...
'' (May 15, 2009).
Chief Justice
Leah Ward Sears Leah Ward Sears (born June 13, 1955) is an American jurist and former Chief Justice of the Supreme Court of Georgia. Sears was the first African-American female chief justice of a state supreme court in the United States. When she was first ap ...
of the Georgia Supreme Court, Judge
Merrick B. Garland Merrick Brian Garland (born November 13, 1952) is an American lawyer and jurist serving since March 2021 as the 86th United States attorney general. He previously served as a U.S. circuit judge of the U.S. Court of Appeals for the District of ...
of the United States Court of Appeals for the District of Columbia Circuit, and Judge Ruben Castillo of the Federal District Court for the Northern District in Illinois were also on the final list of nine candidates.


Interviews

Obama had not interviewed any of the candidates before May 18,Associated Press
Court candidate Granholm visits White House
(May 19, 2009).
but that week saw a flurry of activity and speculation surrounding possible interviews of candidates. Jennifer Granholm attended a
CAFE A coffeehouse, coffee shop, or café is an establishment that primarily serves coffee of various types, notably espresso, latte, and cappuccino. Some coffeehouses may serve cold drinks, such as iced coffee and iced tea, as well as other non-caf ...
standards meeting at the White House on May 19 and spoke with Obama, but officials would not comment on whether the two discussed a potential court appointment. On May 20, Diane Wood and Elena Kagan attended a conference on
judicial independence Judicial independence is the concept that the judiciary should be independent from the other branches of government. That is, courts should not be subject to improper influence from the other branches of government or from private or partisan inte ...
at
Georgetown University Georgetown University is a private university, private research university in the Georgetown (Washington, D.C.), Georgetown neighborhood of Washington, D.C. Founded by Bishop John Carroll (archbishop of Baltimore), John Carroll in 1789 as Georg ...
hosted by retired Associate Justice
Sandra Day O'Connor Sandra Day O'Connor (born March 26, 1930) is an American retired attorney and politician who served as the first female associate justice of the Supreme Court of the United States from 1981 to 2006. She was both the first woman nominated and th ...
.Edwin Chen and Greg Stohr
Obama Said to Have Met With High Court Candidate Wood
'' Bloomberg'' (May 20, 2009).
Ultimately, Obama winnowed his list to four individuals, all of them women: Sotomayor, Wood, Kagan, and Napolitano.Peter Baker
Favorites of Left Don’t Make Obama’s Court List
''
The New York Times ''The New York Times'' (''the Times'', ''NYT'', or the Gray Lady) is a daily newspaper based in New York City with a worldwide readership reported in 2020 to comprise a declining 840,000 paid print subscribers, and a growing 6 million paid ...
'' (May 25, 2009).
Obama conducted hour-long one-on-one interviews with the four finalists, meeting with Wood and Kagan on May 19, and Sotomayor and Napolitano on May 21.Peter Baker and Jeff Zeleny
Obama Hails Judge as ‘Inspiring’
''
The New York Times ''The New York Times'' (''the Times'', ''NYT'', or the Gray Lady) is a daily newspaper based in New York City with a worldwide readership reported in 2020 to comprise a declining 840,000 paid print subscribers, and a growing 6 million paid ...
'' (May 26, 2009).
Vice President Joe Biden also interviewed the four finalists. Obama telephoned Judge Sotomayor at 9 pm EST on May 25 to alert her that she was his choice. Later that night, he called the other three finalists and informed them of his decision. Obama announced the nomination the next morning in the
East Room The East Room is an event and reception room in the Executive Residence, which is a building of the White House complex, the home of the president of the United States. The East Room is the largest room in the Executive Residence; it is used for ...
of the
White House The White House is the official residence and workplace of the president of the United States. It is located at 1600 Pennsylvania Avenue NW in Washington, D.C., and has been the residence of every U.S. president since John Adams in 1800. ...
in a press conference alongside Sotomayor and Joe Biden.


Elena Kagan nomination

On May 10, 2010, Obama nominated
Elena Kagan Elena Kagan ( ; born April 28, 1960) is an American lawyer who serves as an associate justice of the Supreme Court of the United States. She was nominated by President Barack Obama on May 10, 2010, and has served since August 7, 2010. Kagan ...
, the Solicitor General of the United States, to replace retiring Associate Justice
John Paul Stevens John Paul Stevens (April 20, 1920 – July 16, 2019) was an American lawyer and jurist who served as an associate justice of the Supreme Court of the United States from 1975 to 2010. At the time of his retirement, he was the second-oldes ...
. Solicitor General
Elena Kagan Elena Kagan ( ; born April 28, 1960) is an American lawyer who serves as an associate justice of the Supreme Court of the United States. She was nominated by President Barack Obama on May 10, 2010, and has served since August 7, 2010. Kagan ...
was confirmed by the Senate by a 63–37 vote.


John Paul Stevens retirement

On April 9, 2010, Associate Justice
John Paul Stevens John Paul Stevens (April 20, 1920 – July 16, 2019) was an American lawyer and jurist who served as an associate justice of the Supreme Court of the United States from 1975 to 2010. At the time of his retirement, he was the second-oldes ...
announced that he would retire at the conclusion of the Supreme Court's term in June 2010.Mark Sherman
Summer battle ahead for Stevens' court replacement
''
Associated Press The Associated Press (AP) is an American non-profit news agency headquartered in New York City. Founded in 1846, it operates as a cooperative, unincorporated association. It produces news reports that are distributed to its members, U.S. newspa ...
'' (April 9, 2010).
This announcement had been widely anticipated since September 2009 when Stevens confirmed that he had hired only a single
law clerk A law clerk or a judicial clerk is a person, generally someone who provides direct counsel and assistance to a lawyer or judge by researching issues and drafting legal opinions for cases before the court. Judicial clerks often play significant ...
for the Supreme Court term beginning in October 2010.David G. Savage
Speculation rises that Supreme Court Justice Stevens will retire
''
Los Angeles Times The ''Los Angeles Times'' (abbreviated as ''LA Times'') is a daily newspaper that started publishing in Los Angeles in 1881. Based in the LA-adjacent suburb of El Segundo since 2018, it is the sixth-largest newspaper by circulation in the Un ...
'' (September 3, 2009).
(Full-time associate justices are allowed up to four law clerks while retired justices have only one.)


Short list

Before the announcement, the White House had been preparing for another possible Supreme Court vacancy, with White House Press Secretary Robert Gibbs responding to speculation about a possible Stevens retirement by saying "We'll be ready."Associated Press
Who would replace Justice John Paul Stevens?
(April 5, 2010).
After Stevens announced his retirement, an anonymous White House official said that about ten people were under consideration. The leading contenders to replace Stevens were said to include
Seventh Circuit The United States Court of Appeals for the Seventh Circuit (in case citations, 7th Cir.) is the U.S. federal court with appellate jurisdiction over the courts in the following districts: * Central District of Illinois * Northern District of Ill ...
Judge Diane Pamela Wood and Solicitor General
Elena Kagan Elena Kagan ( ; born April 28, 1960) is an American lawyer who serves as an associate justice of the Supreme Court of the United States. She was nominated by President Barack Obama on May 10, 2010, and has served since August 7, 2010. Kagan ...
, both of whom had been interviewed for the David Souter vacancy, and D.C. Circuit Judge
Merrick B. Garland Merrick Brian Garland (born November 13, 1952) is an American lawyer and jurist serving since March 2021 as the 86th United States attorney general. He previously served as a U.S. circuit judge of the U.S. Court of Appeals for the District of ...
, who had also been considered for the Souter vacancy. Others mentioned include
Ninth Circuit The United States Court of Appeals for the Ninth Circuit (in case citations, 9th Cir.) is the U.S. federal court of appeals that has appellate jurisdiction over the U.S. district courts in the following federal judicial districts: * District o ...
Judge
Sidney Runyan Thomas Sidney Runyan Thomas (born August 14, 1953) is an American lawyer and jurist serving as a U.S. circuit judge of the United States Court of Appeals for the Ninth Circuit since 1996. He served as the Ninth Circuit's chief judge from 2014 to 2021. H ...
, former Georgia Chief Justice
Leah Ward Sears Leah Ward Sears (born June 13, 1955) is an American jurist and former Chief Justice of the Supreme Court of Georgia. Sears was the first African-American female chief justice of a state supreme court in the United States. When she was first ap ...
, Michigan Governor Jennifer Granholm and
Homeland Security Secretary The United States secretary of homeland security is the head of the United States Department of Homeland Security, the federal department tasked with ensuring public safety in the United States. The secretary is a member of the Cabinet of the U ...
Janet Napolitano.Ben Feller
Source: Judge Sidney Thomas on Supreme Court list
, ''
Associated Press The Associated Press (AP) is an American non-profit news agency headquartered in New York City. Founded in 1846, it operates as a cooperative, unincorporated association. It produces news reports that are distributed to its members, U.S. newspa ...
'' (April 12, 2010).


Interviews

Early in April 2010, Obama conducted a White House interview with Merrick Garland. On April 29, 2010, Obama and Vice President Joe Biden each met separately with Sidney Thomas at the White House to discuss the vacancy.Ben Feller
Obama interviews Thomas, Garland for high court
''
Associated Press The Associated Press (AP) is an American non-profit news agency headquartered in New York City. Founded in 1846, it operates as a cooperative, unincorporated association. It produces news reports that are distributed to its members, U.S. newspa ...
'' (April 30, 2010).
Elena Kagan was interviewed the following day,Obama Interviews Solicitor General Elena Kagan for Supreme Court
''
Fox News The Fox News Channel, abbreviated FNC, commonly known as Fox News, and stylized in all caps, is an American multinational conservative cable news television channel based in New York City. It is owned by Fox News Media, which itself is owne ...
'' (May 1, 2010).
and Diane Wood the following week on May 4.Ben Feller
Obama interviews Diane Wood for Supreme Court
''
Associated Press The Associated Press (AP) is an American non-profit news agency headquartered in New York City. Founded in 1846, it operates as a cooperative, unincorporated association. It produces news reports that are distributed to its members, U.S. newspa ...
'' (May 4, 2010).


Merrick Garland nomination

On March 16, 2016, Obama nominated
Merrick Garland Merrick Brian Garland (born November 13, 1952) is an American lawyer and jurist serving since March 2021 as the 86th United States attorney general. He previously served as a U.S. circuit judge of the U.S. Court of Appeals for the District of ...
, Chief Judge of the United States Court of Appeals for the District of Columbia Circuit, to replace
Antonin Scalia Antonin Gregory Scalia (; March 11, 1936 – February 13, 2016) was an American jurist who served as an associate justice of the Supreme Court of the United States from 1986 until his death in 2016. He was described as the intellectu ...
. On February 23, 2016, the 11 Republican members of the Senate Judiciary Committee signed a letter to Senate majority leader
Mitch McConnell Addison Mitchell McConnell III (born February 20, 1942) is an American politician and retired attorney serving as the senior United States senator from Kentucky and the Senate minority leader since 2021. Currently in his seventh term, McConne ...
stating their intention to withhold consent on any nominee made by President Obama, and that no hearings would occur until after January 20, 2017, when the next president takes office. The 11 members were Committee Chair
Chuck Grassley Charles Ernest Grassley (born September 17, 1933) is an American politician serving as the president pro tempore emeritus of the United States Senate, and the Seniority in the United States Senate, senior United States Senate, United States sen ...
of
Iowa Iowa () is a state in the Midwestern region of the United States, bordered by the Mississippi River to the east and the Missouri River and Big Sioux River to the west. It is bordered by six states: Wisconsin to the northeast, Illinois to the ...
,
Orrin Hatch Orrin Grant Hatch (March 22, 1934 – April 23, 2022) was an American attorney and politician who served as a United States senator from Utah from 1977 to 2019. Hatch's 42-year Senate tenure made him the longest-serving Republican U.S. senator ...
and Mike Lee of
Utah Utah ( , ) is a state in the Mountain West subregion of the Western United States. Utah is a landlocked U.S. state bordered to its east by Colorado, to its northeast by Wyoming, to its north by Idaho, to its south by Arizona, and to it ...
, Jeff Sessions of
Alabama (We dare defend our rights) , anthem = "Alabama (state song), Alabama" , image_map = Alabama in United States.svg , seat = Montgomery, Alabama, Montgomery , LargestCity = Huntsville, Alabama, Huntsville , LargestCounty = Baldwin County, Al ...
, Lindsey Graham of
South Carolina )''Animis opibusque parati'' ( for, , Latin, Prepared in mind and resources, links=no) , anthem = " Carolina";" South Carolina On My Mind" , Former = Province of South Carolina , seat = Columbia , LargestCity = Charleston , LargestMetro = ...
, John Cornyn and
Ted Cruz Rafael Edward "Ted" Cruz (; born December 22, 1970) is an American politician and attorney serving as the junior United States Senator from Texas since 2013. A member of the Republican Party, Cruz served as Solicitor General of Texas from ...
of
Texas Texas (, ; Spanish language, Spanish: ''Texas'', ''Tejas'') is a state in the South Central United States, South Central region of the United States. At 268,596 square miles (695,662 km2), and with more than 29.1 million residents in 2 ...
,
Jeff Flake Jeffry Lane Flake (born December 31, 1962) is an American politician and diplomat who is the current U.S Ambassador to Turkey. A member of the Republican Party, Flake served in the United States House of Representatives from 2001 to 2013 and ...
of
Arizona Arizona ( ; nv, Hoozdo Hahoodzo ; ood, Alĭ ṣonak ) is a state in the Southwestern United States. It is the 6th largest and the 14th most populous of the 50 states. Its capital and largest city is Phoenix. Arizona is part of the Fou ...
, David Vitter of
Louisiana Louisiana , group=pronunciation (French: ''La Louisiane'') is a state in the Deep South and South Central regions of the United States. It is the 20th-smallest by area and the 25th most populous of the 50 U.S. states. Louisiana is borde ...
, David Perdue of Georgia, and Thom Tillis of
North Carolina North Carolina () is a state in the Southeastern region of the United States. The state is the 28th largest and 9th-most populous of the United States. It is bordered by Virginia to the north, the Atlantic Ocean to the east, Georgia and So ...
. After Garland's nomination, McConnell reiterated his position that the Senate would not confirm any Supreme Court nomination from Obama. Garland's nomination expired on January 3, 2017.Jess Bravin
President Obama’s Supreme Court Nomination of Merrick Garland Expires
''The Wall Street Journal'' (January 3, 2017).


Antonin Scalia death

On February 13, 2016, Associate Justice Antonin Scalia was found dead while vacationing at Cibolo Creek Ranch near Marfa, Texas. President Obama stated that he planned to nominate someone to replace Scalia on the Supreme Court. Scalia's death marked just the second time in sixty years that a sitting justice died.


Short list

The White House vetted a number of candidates that had previously received broad support from Republicans, including D.C. Circuit Judges Merrick Garland and
Sri Srinivasan Padmanabhan Srikanth "Sri" Srinivasan (; born February 23, 1967) is an Indian-born American lawyer and jurist serving as the chief judge of the U.S. Court of Appeals for the District of Columbia Circuit. Before he was a circuit judge, Srinivas ...
,
Eighth Circuit The United States Court of Appeals for the Eighth Circuit (in case citations, 8th Cir.) is a United States federal court with appellate jurisdiction over the following United States district courts: * Eastern District of Arkansas * Western Dist ...
Judge
Jane L. Kelly Jane Louise Kelly (born October 28, 1964) is an American lawyer and jurist serving as a United States circuit judge of the United States Court of Appeals for the Eighth Circuit. Early life and education Kelly was born in 1964 in Greencastle, In ...
,
Ninth Circuit The United States Court of Appeals for the Ninth Circuit (in case citations, 9th Cir.) is the U.S. federal court of appeals that has appellate jurisdiction over the U.S. district courts in the following federal judicial districts: * District o ...
Judge
Paul J. Watford Paul Jeffrey Watford (born August 25, 1967) is an American lawyer serving as a United States circuit judge of the United States Court of Appeals for the Ninth Circuit since 2012. In February 2016, ''The New York Times'' identified Watford as a po ...
, and Judge Ketanji Brown Jackson of the
United States District Court for the District of Columbia The United States District Court for the District of Columbia (in case citations, D.D.C.) is a federal district court in the District of Columbia. It also occasionally handles (jointly with the United States District Court for the District of ...
. On March 11, Reuters reported that Obama had narrowed his list down to three candidates: Srinivasan, Garland, and Watford.


Names mentioned as likely nominees

Following is a list of individuals who have been mentioned in various news accounts as the most likely potential nominees for a Supreme Court appointment under Obama:


United States Courts of Appeals

* Court of Appeals for the D.C. Circuit **
Merrick Garland Merrick Brian Garland (born November 13, 1952) is an American lawyer and jurist serving since March 2021 as the 86th United States attorney general. He previously served as a U.S. circuit judge of the U.S. Court of Appeals for the District of ...
(born 1952)Dimitra Kessenides
Does D.C. Circuit Court Judge Merrick Garland Have Supreme Potential?
''The Am Law Daily'' (November 17, 2008).
( nomination expired) **
Sri Srinivasan Padmanabhan Srikanth "Sri" Srinivasan (; born February 23, 1967) is an Indian-born American lawyer and jurist serving as the chief judge of the U.S. Court of Appeals for the District of Columbia Circuit. Before he was a circuit judge, Srinivas ...
(born 1967) ** Patricia Millett (born 1963) **
Robert L. Wilkins Robert Leon Wilkins (born October 2, 1963) is a United States circuit judge of the United States Court of Appeals for the District of Columbia Circuit. Early life and education Wilkins was born in 1963 in Muncie, Indiana,
(born 1963) * Court of Appeals for the 1st Circuit **
David J. Barron David Jeremiah Barron (born July 7, 1967) is an American lawyer who serves as the Chief United States circuit judge of the United States Court of Appeals for the First Circuit and former S. William Green Professor of Public Law at Harvard Law Sc ...
(born 1967) * Court of Appeals for the 2nd Circuit ** Sonia Sotomayor (born 1954) ( nominated and confirmed) **
Robert Katzmann Robert Allen Katzmann (April 22, 1953 – June 9, 2021) was a senior United States circuit judge of the United States Court of Appeals for the Second Circuit. He served as chief judge from September 1, 2013 to August 31, 2020. Early life Rober ...
(1953–2021)Emily Bazelon & Dahlia Lithwick
Who Should Replace Justice Stevens?
"Slate," (April 12, 2010)
* Court of Appeals for the 7th Circuit ** Ann Claire Williams (born 1949)Ben Smith and Josh Gerstein
Justice Souter to retire
''
Politico ''Politico'' (stylized in all caps), known originally as ''The Politico'', is an American, German-owned political journalism newspaper company based in Arlington County, Virginia, that covers politics and policy in the United States and intern ...
'' (April 30, 2009).
Abdon M. Pallasch
Could Chicago's Judge Wood fill Ginsburg's seat if she resigns from Supreme Court?
, ''
Chicago Tribune The ''Chicago Tribune'' is a daily newspaper based in Chicago, Illinois, United States, owned by Tribune Publishing. Founded in 1847, and formerly self-styled as the "World's Greatest Newspaper" (a slogan for which WGN radio and television ar ...
'' (February 8, 2009).
**
Diane Wood Diane Pamela Wood (born July 4, 1950) is an American attorney who serves as a Senior United States circuit judge of the United States Court of Appeals for the Seventh Circuit, and a senior lecturer at the University of Chicago Law School. After ...
(born 1950)
Stuart Taylor Jr. Stuart Taylor Jr. is an American journalist and author with conservative political leanings. He also served as a Nonresident Senior Fellow in Governance Studies at the Brookings Institution and practices law occasionally. He was a reporter for the ...

In the Balance
''
National Journal ''National Journal'' is an advisory services company based in Washington, D.C., offering services in government affairs, advocacy communications, stakeholder mapping, and policy brands research for government and business leaders. It publishes da ...
'' (July 26, 2008).
Justin Jouvenal
Ten picks for Obama's Supreme Court
''
Salon.com ''Salon'' is an American politically progressive/liberal news and opinion website created in 1995. It publishes articles on U.S. politics, culture, and current events. Content and coverage ''Salon'' covers a variety of topics, including re ...
'', (November 19, 2008).
Jess Bravin
Democrats Divide on Voice of Possible Top-Court Pick
''
The Wall Street Journal ''The Wall Street Journal'' is an American business-focused, international daily newspaper based in New York City, with international editions also available in Chinese and Japanese. The ''Journal'', along with its Asian editions, is published ...
'' (February 8, 2010).
Peter Baker and Jeff Zeleny
Souter Said to Be Leaving Court in June
''
The New York Times ''The New York Times'' (''the Times'', ''NYT'', or the Gray Lady) is a daily newspaper based in New York City with a worldwide readership reported in 2020 to comprise a declining 840,000 paid print subscribers, and a growing 6 million paid ...
'' (April 30, 2009).
Joan Biskupic Joan Biskupic ( hr, Biskupić; born ) is an American journalist, author, and lawyer who has covered the United States Supreme Court since 1989. Early life and education Biskupic is one of nine siblings born to a Catholic family of Croatian and ...

For divided high court, two potential legacies
''
USA Today ''USA Today'' (stylized in all uppercase) is an American daily middle-market newspaper and news broadcasting company. Founded by Al Neuharth on September 15, 1982, the newspaper operates from Gannett's corporate headquarters in Tysons, Virgini ...
'' (October 23, 2008).
James Oliphant
Five possible nominees for Obama
''
Chicago Tribune The ''Chicago Tribune'' is a daily newspaper based in Chicago, Illinois, United States, owned by Tribune Publishing. Founded in 1847, and formerly self-styled as the "World's Greatest Newspaper" (a slogan for which WGN radio and television ar ...
'' (November 3, 2008).
Tom Goldstein
If there is a Supreme Court appointment this summer...
'' SCOTUSblog'' (January 24, 2009).
Peter Baker
In Possible Retirement, the Likelihood of an Election-Year Confrontation
''
The New York Times ''The New York Times'' (''the Times'', ''NYT'', or the Gray Lady) is a daily newspaper based in New York City with a worldwide readership reported in 2020 to comprise a declining 840,000 paid print subscribers, and a growing 6 million paid ...
'' (March 25, 2010).
Mark Sherman
Supreme Court Prospects are Kagan, Wood, Garland
''
Associated Press The Associated Press (AP) is an American non-profit news agency headquartered in New York City. Founded in 1846, it operates as a cooperative, unincorporated association. It produces news reports that are distributed to its members, U.S. newspa ...
'' (April 5, 2010).
Bill Mears
Names floated as Stevens weighs retirement
''
CNN CNN (Cable News Network) is a multinational cable news channel headquartered in Atlanta, Georgia, U.S. Founded in 1980 by American media proprietor Ted Turner and Reese Schonfeld as a 24-hour cable news channel, and presently owned by the M ...
'' (April 5, 2010).
Carrie Johnson
Ginsburg illness puts focus on Obama's choices
''
The Washington Post ''The Washington Post'' (also known as the ''Post'' and, informally, ''WaPo'') is an American daily newspaper published in Washington, D.C. It is the most widely circulated newspaper within the Washington metropolitan area and has a large nati ...
'' (February 6, 2009).
Jan Crawford
Obama Skewers Court—and Signals Change Ahead
''
CBS News CBS News is the news division of the American television and radio service CBS. CBS News television programs include the ''CBS Evening News'', ''CBS Mornings'', news magazine programs '' CBS News Sunday Morning'', '' 60 Minutes'', and '' 48 H ...
'' (January 28, 2010).
Bill Mears
Insiders: White House quietly preps for possible high court spot
''
CNN CNN (Cable News Network) is a multinational cable news channel headquartered in Atlanta, Georgia, U.S. Founded in 1980 by American media proprietor Ted Turner and Reese Schonfeld as a 24-hour cable news channel, and presently owned by the M ...
'' (February 12, 2010).
* Court of Appeals for the 8th Circuit **
Jane L. Kelly Jane Louise Kelly (born October 28, 1964) is an American lawyer and jurist serving as a United States circuit judge of the United States Court of Appeals for the Eighth Circuit. Early life and education Kelly was born in 1964 in Greencastle, In ...
(born 1964) * Court of Appeals for the 9th Circuit **
M. Margaret McKeown Mary Margaret McKeown (born May 11, 1951) is a United States circuit judge of the United States Court of Appeals for the Ninth Circuit based in San Diego. McKeown has served on the Ninth Circuit since her confirmation in 1998. Early life and e ...
(born 1951)Ariane de Vogue and Jan Crawford Greenburg
Obama's Potential Supreme Court Nominees
''
ABC News ABC News is the news division of the American broadcast network ABC. Its flagship program is the daily evening newscast ''ABC World News Tonight, ABC World News Tonight with David Muir''; other programs include Breakfast television, morning ...
'', (May 5, 2009).
Greg Moran
Appeals judge might be on list for Souter's job
''
The San Diego Union-Tribune ''The San Diego Union-Tribune'' is a metropolitan daily newspaper published in San Diego, California, that has run since 1868. Its name derives from a 1992 merger between the two major daily newspapers at the time, ''The San Diego Union'' and ...
'', (May 11, 2009).
**
Jacqueline Nguyen Jacqueline Hong-Ngoc Nguyen ( vi, Nguyễn Hồng Ngọc; born May 25, 1965) is an American lawyer who serves as a United States circuit judge of the United States Court of Appeals for the Ninth Circuit. She previously served as a United States d ...
(born 1965)Greg Stohr
Obama’s Victory Creates New Chance to Mold U.S. Supreme Court
'' Bloomberg L.P.'' (9 November 2012).
**
Johnnie B. Rawlinson Johnnie Blakeney Rawlinson (born December 16, 1952) is a United States circuit judge of the United States Court of Appeals for the Ninth Circuit and a former United States District Judge of the United States District Court for the District of Neva ...
(born 1952)Howard Anglin
Judge Not: Obama’s Supreme Court appointees would not upset the balance of the bench.
''
The American Conservative ''The American Conservative'' (''TAC'') is a magazine published by the American Ideas Institute which was founded in 2002. Originally published twice a month, it was reduced to monthly publication in August 2009, and since February 2013, it has ...
'' (June 2, 2008).
RAW DATA: Potential Female Supreme Court Nominees
''
Fox News The Fox News Channel, abbreviated FNC, commonly known as Fox News, and stylized in all caps, is an American multinational conservative cable news television channel based in New York City. It is owned by Fox News Media, which itself is owne ...
'', (May 22, 2009).
**
Sidney R. Thomas Sidney Runyan Thomas (born August 14, 1953) is an American lawyer and jurist serving as a U.S. circuit judge of the United States Court of Appeals for the Ninth Circuit since 1996. He served as the Ninth Circuit's chief judge from 2014 to 2021. H ...
(born 1953)Bill Mears
Names added to Supreme Court short list
''
CNN CNN (Cable News Network) is a multinational cable news channel headquartered in Atlanta, Georgia, U.S. Founded in 1980 by American media proprietor Ted Turner and Reese Schonfeld as a 24-hour cable news channel, and presently owned by the M ...
'' (April 12, 2010).
**
Kim McLane Wardlaw Kim McLane Wardlaw (born July 2, 1954) is an American lawyer and jurist serving as a U.S. circuit judge of the U.S. Court of Appeals for the Ninth Circuit since 1998. She is the first Hispanic American woman to be appointed to a federal appeals ...
(born 1954)Jess Bravin
Barack Obama: The Present Is Prologue
''
The Wall Street Journal ''The Wall Street Journal'' is an American business-focused, international daily newspaper based in New York City, with international editions also available in Chinese and Japanese. The ''Journal'', along with its Asian editions, is published ...
'' (October 7, 2008).
Manu Raju
Feinstein pushes two Hispanic judges
''
Politico ''Politico'' (stylized in all caps), known originally as ''The Politico'', is an American, German-owned political journalism newspaper company based in Arlington County, Virginia, that covers politics and policy in the United States and intern ...
'' (May 12, 2009).
**
Paul J. Watford Paul Jeffrey Watford (born August 25, 1967) is an American lawyer serving as a United States circuit judge of the United States Court of Appeals for the Ninth Circuit since 2012. In February 2016, ''The New York Times'' identified Watford as a po ...
(born 1967)Jess Bravin
Win Offers President Time to Shape Court
''The Wall Street Journal'' (November 8, 2012).
* Court of Appeals for the 11th Circuit **
Adalberto Jordan Adalberto Jose Jordan (born December 7, 1961) is an American lawyer who serves as a United States circuit judge of the United States Court of Appeals for the Eleventh Circuit. He is also an adjunct professor at the University of Miami School of L ...
(born 1961)


United States District Courts

* Ketanji Brown Jackson (born 1970) – district judge,
United States District Court for the District of Columbia The United States District Court for the District of Columbia (in case citations, D.D.C.) is a federal district court in the District of Columbia. It also occasionally handles (jointly with the United States District Court for the District of ...
'' (subsequently nominated by Joe Biden and confirmed in 2022)'' *
Christine Arguello Christine Marie Arguello (born July 15, 1955) is an American lawyer and jurist serving as a senior United States district judge of the United States District Court for the District of Colorado and is a former Colorado state official. Previously, ...
(born 1955) – district judge,
United States District Court for the District of Colorado The United States District Court for the District of Colorado (in case citations, D. Colo. or D. Col.) is a federal court in the Tenth Circuit (except for patent claims and claims against the U.S. government under the Tucker Act, which are ap ...
* Rubén Castillo (born 1954) – former district judge,
United States District Court for the Northern District of Illinois The United States District Court for the Northern District of Illinois (in case citations, N.D. Ill.) is the federal trial-level court with jurisdiction over the northern counties of Illinois. Appeals from the Northern District of Illinois ar ...
* Diane Humetewa (born 1964) – district judge, United States District Court for the District of Arizona


State Supreme Courts

*
Mariano-Florentino Cuéllar Mariano-Florentino "Tino" Cuéllar (born July 27, 1972) is an American scholar, academic leader, public official, jurist, and nonprofit executive currently serving as the 10th president of the Carnegie Endowment for International Peace. A former ...
(born 1972) – associate justice,
Supreme Court of California The Supreme Court of California is the highest and final court of appeals in the courts of the U.S. state of California. It is headquartered in San Francisco at the Earl Warren Building, but it regularly holds sessions in Los Angeles and Sacra ...
Camila Domonoske
Who Are The Possible Candidates To Fill Scalia's Seat?
'' NPR'' (February 14, 2015).
* Goodwin Liu (born 1970) – associate justice,
Supreme Court of California The Supreme Court of California is the highest and final court of appeals in the courts of the U.S. state of California. It is headquartered in San Francisco at the Earl Warren Building, but it regularly holds sessions in Los Angeles and Sacra ...
An Exceptional Nominee
''
The New York Times ''The New York Times'' (''the Times'', ''NYT'', or the Gray Lady) is a daily newspaper based in New York City with a worldwide readership reported in 2020 to comprise a declining 840,000 paid print subscribers, and a growing 6 million paid ...
'' (March 27, 2010).
*
Carlos R. Moreno Carlos Roberto Moreno (born November 4, 1948) is an American jurist who is the former United States Ambassador to Belize, serving from June 24, 2014 to January 20, 2017. Previously, he served as a judge of the United States District Court for the ...
(born 1948) – former
United States ambassador to Belize The following is a list of ambassadors of the United States, or other Chiefs of Mission, to Belize. The title given by the United States State Department to this position is currently ''Ambassador Extraordinary and Minister Plenipotentiary.'' ...
, former associate justice,
Supreme Court of California The Supreme Court of California is the highest and final court of appeals in the courts of the U.S. state of California. It is headquartered in San Francisco at the Earl Warren Building, but it regularly holds sessions in Los Angeles and Sacra ...
; former judge, United States District Court for the Central District of California *
Leah Ward Sears Leah Ward Sears (born June 13, 1955) is an American jurist and former Chief Justice of the Supreme Court of Georgia. Sears was the first African-American female chief justice of a state supreme court in the United States. When she was first ap ...
(born 1955) – former chief justice, Georgia Supreme Court


Executive Branch

*
Hillary Clinton Hillary Diane Rodham Clinton ( Rodham; born October 26, 1947) is an American politician, diplomat, and former lawyer who served as the 67th United States Secretary of State for President Barack Obama from 2009 to 2013, as a United States sen ...
(born 1947) – 67th Secretary of State; former Senator from New York,
First Lady First lady is an unofficial title usually used for the wife, and occasionally used for the daughter or other female relative, of a non-monarchical A monarchy is a form of government in which a person, the monarch, is head of state fo ...
and Chair of the Legal Services CorporationAndrew Cohen
Obama, The Supreme Court And DOJ
CBS News (November 5, 2008).
*
Elena Kagan Elena Kagan ( ; born April 28, 1960) is an American lawyer who serves as an associate justice of the Supreme Court of the United States. She was nominated by President Barack Obama on May 10, 2010, and has served since August 7, 2010. Kagan ...
(born 1960) – 45th Solicitor General; former dean of Harvard Law School
Joan Biskupic Joan Biskupic ( hr, Biskupić; born ) is an American journalist, author, and lawyer who has covered the United States Supreme Court since 1989. Early life and education Biskupic is one of nine siblings born to a Catholic family of Croatian and ...

Timing and luck crucial for seat on high court
''
USA Today ''USA Today'' (stylized in all uppercase) is an American daily middle-market newspaper and news broadcasting company. Founded by Al Neuharth on September 15, 1982, the newspaper operates from Gannett's corporate headquarters in Tysons, Virgini ...
'' (December 22, 2008).
( nominated and confirmed) *
Harold Hongju Koh Harold Hongju Koh (born December 8, 1954) is an American lawyer and legal scholar who served as the legal adviser of the Department of State in the Obama administration. He was nominated to this position by President Barack Obama on March 23, 20 ...
(born 1954) – former
Legal Adviser of the Department of State The legal adviser of the Department of State is a position within the United States Department of State. It was created by an Act of Congress on February 23, 1931 (P.L. 71-715; 46 Stat. 1214). The legal adviser replaced the solicitor, a Departme ...
; former dean of
Yale Law School Yale Law School (Yale Law or YLS) is the law school of Yale University, a Private university, private research university in New Haven, Connecticut. It was established in 1824 and has been ranked as the best law school in the United States by ''U ...
* Loretta Lynch (born 1959) – 83rd
United States Attorney General The United States attorney general (AG) is the head of the United States Department of Justice, and is the chief law enforcement officer of the federal government of the United States. The attorney general serves as the principal advisor to the p ...
* Janet Napolitano (born 1957) – president of the
University of California The University of California (UC) is a public land-grant research university system in the U.S. state of California. The system is composed of the campuses at Berkeley, Davis, Irvine, Los Angeles, Merced, Riverside, San Diego, San Francisco, ...
; 3rd Secretary of Homeland Security; former Governor of Arizona; former Arizona Attorney General; former
United States attorney United States attorneys are officials of the U.S. Department of Justice who serve as the chief federal law enforcement officers in each of the 94 U.S. federal judicial districts. Each U.S. attorney serves as the United States' chief federal c ...
for the District of Arizona *
Kathryn Ruemmler Kathryn "Kathy" Ruemmler (born April 19, 1971) is an attorney who formerly served as Principal Deputy White House Counsel and then White House Counsel to President Barack Obama. Previously a partner at Latham and Watkins co-chairing its white-co ...
(born 1971) – former
White House Counsel The White House counsel is a senior staff appointee of the president of the United States whose role is to advise the president on all legal issues concerning the president and their administration. The White House counsel also oversees the Of ...
; former
principal associate deputy attorney general Principal may refer to: Title or rank * Principal (academia), the chief executive of a university ** Principal (education), the office holder/ or boss in any school * Principal (civil service) or principal officer, the senior management level in ...
*
Ken Salazar Kenneth Lee Salazar (born March 2, 1955) is an American lawyer, politician, and diplomat who is the United States ambassador to Mexico. He previously served as the 50th United States Secretary of the Interior in the administration of President Ba ...
(born 1955) – 50th
Secretary of the Interior Secretary of the Interior may refer to: * Secretary of the Interior (Mexico) * Interior Secretary of Pakistan * Secretary of the Interior and Local Government (Philippines) * United States Secretary of the Interior See also

*Interior ministry ...
; former Senator from Colorado; former Colorado Attorney GeneralMichael Riley
Salazar: A Supreme suggestion
'' The Denver Post'', (May 24, 2009).
*
Cass Sunstein Cass Robert Sunstein (born September 21, 1954) is an American legal scholar known for his studies of constitutional law, administrative law, environmental law, law and behavioral economics. He is also ''The New York Times'' best-selling author of ...
(born 1954) – former administrator of the
Office of Information and Regulatory Affairs The Office of Information and Regulatory Affairs (OIRA ) is a Division within the Office of Management and Budget (OMB), which in turn, is within the Executive Office of the President. OIRA oversees the implementation of government-wide policie ...


United States Senators

* Cory Booker (born 1969) – Senator from New Jersey; former Mayor of Newark, New JerseyChristine Coleburn,
Supreme Court Vacancy: Who's on President Obama's Shortlist to Replace Scalia?
, ''
NBC News NBC News is the news division of the American broadcast television network NBC. The division operates under NBCUniversal Television and Streaming, a division of NBCUniversal, which is, in turn, a subsidiary of Comcast. The news division's var ...
'' (February 14, 2016).
*
Amy Klobuchar Amy Jean Klobuchar ( ; born May 25, 1960) is an American lawyer and politician serving as the senior United States senator from Minnesota, a seat she has held since 2007. A member of the Minnesota Democratic–Farmer–Labor Party (DFL), Minne ...
(born 1960) – Senator from Minnesota; former county attorney for Hennepin County, MinnesotaAdriel Bettelheim
Supreme Court: Obama Faces Decision With Lasting Impact
CQ Politics, ''Yahoo News'' (May 1, 2009).
Tom Curry
Practical politico, and woman, sought for court
''
NBC News NBC News is the news division of the American broadcast television network NBC. The division operates under NBCUniversal Television and Streaming, a division of NBCUniversal, which is, in turn, a subsidiary of Comcast. The news division's var ...
'' (May 7, 2009).
* Claire McCaskill (born 1953) – Senator from Missouri; former State Auditor of Missouri; former county
prosecutor A prosecutor is a legal representative of the prosecution in states with either the common law adversarial system or the Civil law (legal system), civil law inquisitorial system. The prosecution is the legal party responsible for presenting the ...
for
Jackson County, Missouri Jackson County is located in the western portion of the U.S. state of Missouri. As of the 2020 census, the population was 717,204. making it the second-most populous county in the state (after St. Louis County). Although Independence retains ...
; former member of the Missouri House of Representatives


United States Governors

* Jennifer Granholm (born 1959) – 47th
Governor of Michigan The governor of Michigan is the head of state, head of government, and chief executive of the U.S. state of Michigan. The current governor is Gretchen Whitmer, a member of the Democratic Party, who was inaugurated on January 1, 2019, as the stat ...
; former Michigan Attorney General; former
assistant United States attorney An assistant United States attorney (AUSA) is an official career civil service position in the U.S. Department of Justice composed of lawyers working under the U.S. Attorney of each U.S. federal judicial district. They represent the federal gove ...
Brian Dickerson
Justice Granholm? It's possible under Obama
''
The Detroit Free Press The ''Detroit Free Press'' is the largest daily newspaper in Detroit, Michigan, US. The Sunday edition is titled the ''Sunday Free Press''. It is sometimes referred to as the Freep (reflected in the paper's web address, www.freep.com). It primari ...
'' (November 11, 2008).
*
Deval Patrick Deval Laurdine Patrick (born July 31, 1956) is an American politician, civil rights lawyer, author, and businessman who served as the 71st governor of Massachusetts from 2007 to 2015. He was first elected in 2006, succeeding Mitt Romney, who ...
(born 1956) – 71st
Governor of Massachusetts The governor of the Commonwealth of Massachusetts is the chief executive officer of the government of Massachusetts. The governor is the head of the state cabinet and the commander-in-chief of the commonwealth's military forces. Massachusetts ...
; former assistant attorney general for the Civil Rights DivisionLiz Halloran
Obama Victory Ends GOP Hopes for a Much More Conservative Supreme Court
''U.S. News & World Report'' (November 11, 2008).
*
Brian Sandoval Brian Edward Sandoval (; born August 5, 1963) is an American politician, academic administrator, and former federal judge who served as the 29th Governor of Nevada from 2011 to 2019. A graduate of the University of Nevada, Reno, Sandoval began ...
(born 1963) – 29th
Governor of Nevada A governor is an administrative leader and head of a polity or political region, ranking under the head of state and in some cases, such as governors-general, as the head of state's official representative. Depending on the type of political r ...
; former district judge, United States District Court for the District of Nevada; former
Nevada Attorney General The Nevada Attorney General is the chief legal officer for the U.S. state of Nevada. The functions of the office are set forth in Nevada Revised Statutes, Chapter 228. The Attorney General represents the people of Nevada in civil and criminal mat ...


State Executive Branches

* Kamala Harris (born 1964) – former California Attorney General, would later become a U.S. senator from California in 2017. ''would become
Vice President of the United States The vice president of the United States (VPOTUS) is the second-highest officer in the executive branch of the U.S. federal government, after the president of the United States, and ranks first in the presidential line of succession. The vice ...
in 2021.''


Supreme Court litigators

*
Caitlin Halligan Caitlin Joan Halligan (born December 14, 1966) is a lawyer who is the former general counsel for the Manhattan district attorney's office. She served as Solicitor General for the state of New York from 2001 until 2007. President Barack Obama nomi ...
(born 1966) – Former judicial nominee for the United States Court of Appeals for the District of Columbia Circuit; former Solicitor General of New York Nina Totenberg
Supreme Court Choices You Haven't Heard Of
'' NPR'' (May 17, 2009).
*
Seth P. Waxman Seth Paul Waxman (born November 28, 1951) is an American lawyer who served as the 41st Solicitor General of the United States from 1997 to 2001. He then returned to private legal practice, and serves as the co-chairman of the appellate and Supr ...
(born 1951) – partner with
WilmerHale Wilmer Cutler Pickering Hale and Dorr LLP, also known as Hale & Dorr and WilmerHale, is an international law firm with offices in the United States, Europe and Asia. It is co-headquartered in Washington, D.C. and Boston. It was formed in 2004 thr ...
; former Solicitor General


Academics

* Pamela S. Karlan (born 1959) – professor, Stanford Law SchoolDahlia Lithwick
Women: Truly The Fairer Sex
''
Newsweek ''Newsweek'' is an American weekly online news magazine co-owned 50 percent each by Dev Pragad, its president and CEO, and Johnathan Davis (businessman), Johnathan Davis, who has no operational role at ''Newsweek''. Founded as a weekly print m ...
'' (April 11, 2009).
*
Kathleen Sullivan Kathleen Sullivan may refer to: * Kathleen Sullivan (lawyer) (born 1955), American lawyer and former dean of Stanford Law School * Kathleen Sullivan (journalist) (born 1953), American television journalist * Kathleen Sullivan Alioto Kathleen Sul ...
(born 1955) – professor and former dean, Stanford Law School; partner with Quinn Emanuel


See also

*
United States federal judge In the United States, federal judges are judges who serve on courts established under Article Three of the U.S. Constitution. They include the chief justice and the associate justices of the U.S. Supreme Court, the circuit judges of the U.S. Cou ...
*
Judicial appointment history for United States federal courts The appointment of federal judges for United States federal courts is done via nomination by the President of the United States and confirmation by the United States Senate. The tables below provide the composition of all Article III courts which i ...


References

{{DEFAULTSORT:Obama, Barack, Supreme Court Candidates Supreme Court candidates United States Supreme Court candidates by president