Perhaps I am starting to understand the pure genius of Governor Schwarzenegger appointing Democrat activist Susan Kennedy to be his Chief of Staff — it has apparently significantly lowered by expectations on other appointments coming out of the his administration. This is too bad, and it goes to an enthusiasm problem that is not unique to me — it is coursing through the veins of GOP activists throughout the state, demoralized that after the hi-profile recall of Gray Davis, both the Governor and the First lady have tapped two of Gray Davis’ most influential Deputy Chiefs of Staff to be their Chiefs of Staff. The whole thing sounds so ludicrous every time I write it down. Well, this is a subject for much more debate, but not right now…
Getting back to my point… Yesterday, Governor Schwarzenegger announced the appointment of Carol Corrigan to the California State Supreme Court to replace the conservative Janice Rogers-Brown, who has been elevated by the President to the Federal Appellate Bench. Corrigan is a self-identified moderate Republican. She says that she admires as a role-model retiring Supreme Court Justice Sandra Day O’Conner, who is looked to as a center-right swing vote on the SCOTUS. In the parlance we all got used to in watching the confirmation hearings for Chief Justice Roberts, it appears Corrigan represents a slight leftward shift on the court, as she will not be as reliably conservative as Justice Rogers-Brown.I remember hoping that the replacement for Rogers-Brown would be a respected 
conservative like former Assistant Commerce Secretary /Congressman /Assemblyman /Judge Jim Rogan (pictured to the left). When Corrigan was named, I drew a blank. I’ve never heard of her – but, then – who has? (I was hoping for Judge Vance Raye), of whom I had also never heard, but FR Blog Contributor Jennifer Nelson opened my eyes. Well, of course, we will need to look to judicial experts and lawyers who know Corrigan’s work, as well as the analysis of major newspapers, to guide our opinion of Kennedy, the judge.
conservative like former Assistant Commerce Secretary /Congressman /Assemblyman /Judge Jim Rogan (pictured to the left). When Corrigan was named, I drew a blank. I’ve never heard of her – but, then – who has? (I was hoping for Judge Vance Raye), of whom I had also never heard, but FR Blog Contributor Jennifer Nelson opened my eyes. Well, of course, we will need to look to judicial experts and lawyers who know Corrigan’s work, as well as the analysis of major newspapers, to guide our opinion of Kennedy, the judge. However, I was tipped off by a senior administration official to seek out John
Herrington for input on Corrigan. This immediately excited me – and I apologize for another one-paragraph digression. The Honorable John Herrington was Secretary of Energy for President Ronald Reagan. (the photo is Herrington being sworn into his post, with President Reagan looking on) He served as Chairman of the California Republican Party for the 1996 cycle, when I was state president of the California Republican Assembly. I have come to like, and respect John as a man of integrity and principle. He’s also cool because he owns a great steak house in Walnut Creek!
Herrington for input on Corrigan. This immediately excited me – and I apologize for another one-paragraph digression. The Honorable John Herrington was Secretary of Energy for President Ronald Reagan. (the photo is Herrington being sworn into his post, with President Reagan looking on) He served as Chairman of the California Republican Party for the 1996 cycle, when I was state president of the California Republican Assembly. I have come to like, and respect John as a man of integrity and principle. He’s also cool because he owns a great steak house in Walnut Creek!To say that Herrington was enthusiastic about Corrigan’s appointment would be an understatement. Both are from the East Bay area, and John has worked closely with Corrigan for many, many years. He said that the Governor, with all due respect to those others considered for the post, but the, "could not have picked a better person." He called the appointment "brilliant."He was proud that Corrigan cut her teeth as a local prosecutor in the bay area, working with Ed Meese (Ronald Reagan’s long-time advisor, and his Attorney General when he was President). He pointed out the Corrigan had been picked as a Judge and elevated to the Appellate Court by two Republican Governors – Deukmejian and Wilson respectively. Herrington talked about Corrigan’s support of local charities in the area, and also about her deep faith as a strong Catholic (she isn’t married though, isn’t that on the list of no-no’s handed down from Rome?). When I asked John about how she would be in her role as a Justice, John gave me the caveat that he does not know how she will rule in individual cases, but that Corrigan has a healthy respect for the rule of law. He was very excited.
Of course, in a funny irony given that I was ‘tipped off’ to talk to Herrington by the Governor’s office — we also talked a bit about the appointment of Susan Kennedy and he had a LOT to say…but, again, I digress. I will give you Secretary Herrington’s take on Kennedy another day…
I’ve started to hear other tidbits of information coming in on Corrigan, which I’ve been passing along to FR political law correspondent Mike Houston, who will be offering up his early analysis of the Corrigan pick soon. One lengthier review of her, by a friend who, as an attorney, has watched her, ended with this statement on her performance on the Appelate Court, "she showed a commitment to reading and enforcing the law as written, rather than taking on the role of judicial legislator, or permitting local officials to legislate their personal ideology in defiance of statutory mandates." A good sign.
I don’t think Corrigan’s appointment will be a tough confirmation – which is done by a small group of people (I think it is sign off from the Attorney General, the Supreme Court’s Chief Justice, and an Appellate Justice). The word is that one of Corrigan’s most appealing qualifications is that because she is not a ‘right winger’ – she should be easily confirmed.
As for ‘the base’ (the Governor’s Republican supporters) – this appointment looks to be a non-issue. The Governor could have tapped a Rogan or a Raye and scored points, or he could have reached out into the same Democrat bin from which he pulled Kennedy, and ginned up even more angst. This pick was one that is a non-event politically, in my opinion. At least on the GOP side. Interestingly, it will be her performance on the court that may be the biggest political factor for the Governor. With the court looking at the constitutionality of the state’s ban on same-sex marriage, and whether SF can ban the Boy Scouts because of their position on the traditional family, how Corrigan votes on these could splash over into the world of politics.
[See FR’s legal correspondent Mike Houston’s take here]
Jon
Please send me your thoughts!