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At the Lectern

“Jerry Brown, Governor of California, Takes Second Chance to Shape Court” [UPDATED]

December 26, 2014

Adam Nagourney reports in today’s New York Times on the selection of the three newest California Supreme Court justices.  Included in the article are comments made by Governor Brown during what Nagourney calls a “freewheeling interview.”  There are two particularly interesting insights.

First, the governor’s search for new justices led him to “consult[ ] with two members of the United States Supreme Court,” although he would not say which ones.

Second, the governor seems to acknowledge regrets about his first choice for California Chief Justice — Rose Bird — who was appointed almost 40 years ago and was voted off the court in the 1986 election. In addition to being unpopular with the voters, Bird had a reputation as not being the most collegial of justices, including clashes with (sometimes especially with) those colleagues with whom she was most ideologically aligned.  The governor today says, “Obviously I know more about how the court works and what the reactions are of people to the court.  Hopefully I don’t repeat history.”

The article also links to this blog (thank you for that!) and quotes me.  A comment or two about my comments.  I’m quoted as calling Leondra Kruger’s appointment “kind of a mindblower.”  I’m pretty sure I didn’t use that term.  I wouldn’t steal such a memorable soundbite from anyone, least of all Jerry Uelmen, my former professor and (I hope, still-current) friend.  I also don’t think I said that the governor is looking to “restore the luster of the Supreme Court he knew when he clerked for the court.”  (Emphasis added.)  The current court is still plenty lustrous.

[January 2, 2015, Update:  The New York Times made a correction of the article, noting the quotes were not mine, but Jerry Uelmen’s.]

 

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