Granholm’s Name Increasingly Associated with List of Possible Supreme Court Appointments

May 1, 2009 at 6:31 pm Leave a comment

Michigan Governor’s name is increasingly being associated with list of possible Supreme Court replacements for Justice Souter.  According to the Detroit News and the Associated Press, Granholm, a 50 year old Harvard law graduate and former state attorney general and federal prosecutor, is mentioned as one of a handful of candidates who may be appointed by President Barak Obama to replace Souter, an 18 year Supreme Court veteran.

Debate has ensued whether Granholm, a well respected attorney, would be appointed without judicial experience.  Both representatives from the Broookings Institute and Harvard law have argued that judicial experience is not a precursor to Supreme Court appointment.

Interestingly, Granholm was named in the three-tier law suit that eventually made its way to the Supreme Court.  Granholm v. Heald, resulted in a US Supreme Court decision limiting the ability of states to regulate alcohol within their respective borders, authority graned under the 21st Amendment.  Granholm, as Governor of Michigan, was on the losing side of the decision which requires states to balance interests of interstate commerce under the US Consitution’s Commerce Clause with states’ regulatory authority under 21st Amendment. 

Granholm v. Heald was decided on a narrow court majority.  As the second generation Granholm law suits make their way to the US Supreme Court, one wonders of the appointment of Governor Jennnifer Granholm would spell a victory for preservation of the states’ 21st Amendment rights.

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