We previously posted on four possible Supreme Court nominess after President Obama’s election — Judges Wood and Sotomayor, Dean Kagan, and former SG Waxman. We update those materials, and add a few more possibilities (Judges McKeown and Wardlaw, and Professors Karlan and Sullivan). In no particular order….
1. CA2 Judge Sonia Sotomayor
Judge Sotomayor has written the majority opinions in two unexceptional Indian law cases, Catskill Development v. Park Place Entertainment (2008 ) and United States v. White (2001). Catskill Development involved the authority of the National Indian Gaming Commission to review and opine on gaming management contracts, and White involved the federal prosecution of Mohawk Indians for failure to report income to the IRS. Judge Sotomayor has some Indian law exposure, but not on anything controversial.
Judge Sotomayor also voted with the majority in Bassett v. Mashantucket Pequot (2000), a case affirming the sovereign immunity of the tribe.