Media frenzy surrounds expert on judicial selection
By RANDY FITZGERALD
Senior Writer, University Communications
Law professor Carl Tobias has a way of making sense out of partisan politics and the complex tasks of Supreme Court nomination and confirmation processes.
Highly sought by the media as an expert on federal judicial selection and federal courts, Tobias helps clarify the national debate on the role of the executive and legislative branches in appointing justices for the judicial branch of the federal government. He also comments on cases before the nation's highest court.
"I try to explain technical issues to the public," he says.
He has been quoted in such national and international outlets as the Wall Street Journal, USA Today, San Francisco Chronicle, Los Angeles Times, New York Daily News, Washington Post, Baltimore Sun, AP and Boston Globe. He also has appeared on NPR's "All Things Considered" and "Morning Edition."
What does he think of President Bush's nomination of John Roberts as chief justice to replace William Rehnquist and Harriet Miers as associate justice to replace Sandra Day O'Connor?
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In a light moment away from the media's questioning, law professor Carl Tobias (r.) and his dog Maggie share a moment with law student Kristen Johnson and her Bichon Frise named Beau.
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"Appointing Roberts made sense with everything else going on," Tobias says. "He's more than a decade junior to anyone else on the court. I think he's very competent. I think he'll do fine."
"The president does what he wants to do," Tobias says. "Most people think Roberts is a replacement for Rehnquist. It's not clear that's true. Judges take cases one at a time. It's unpredictable what he'll do. He may agree with Rehnquist on some and disagree on others."
"We know even less about Miers than about Roberts," Tobias says. "It's hard to know at this point what will happen. We need full information from the White House. We need forthright answers from Harriet Miers."
Will we get them? "No, in a word," he says. "We can hope. We can try."
There's been a lot of criticism that Miers' has no judicial experience, Tobias says. "All of the current justices are federal appellate judiciary, except O'Connor. That doesn't trouble me. Many of the greatest weren't. Lewis Powell was the classic example."
"We're getting ideological arguments from both sides," Tobias adds. "It's curious if he picked her for political reasons. At first blush, it's not a good political decision. (Senate Democratic Leader) Harry Reid already said he recommended her, although he's backed off a little now.
"Bush does feel a sense of loyalty, and he feels he knows what [Miers] is about," Tobias says.
Tobias feels "it's premature to say what will happen. It will be interesting to see what they'll do" regarding the Miers nomination.
Tobias also believes it is possible Bush could get a couple more nominations, with everyone on the court except Thomas at least 65. "Mainly because the court is so balanced, each appointment is important."
Tobias has been on the faculty since 2003. Before that he was a founding faculty member of the University of Nevada Las Vegas, which in 1998 opened as the nation's newest public law school.
His relationship with the media grew out of his work areas, he said. "It's a two way street. It builds into my work (which includes a new book on judicial selection, which he is working on). I learn a lot from them. I pick up information when they ask me questions."
In a light moment away from the media's questioning, law professor Carl Tobias (r.) and his dog Maggie share a moment with law student Kristen Johnson and her Bichon Frise named Beau.
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