Breyer Finalist For High Court

Law School Lecturer Stephen G. Breyer may be the next Clinton appointee to the United States Supreme Court, according to media reports.

Breyer, who now serves as the Chief Judge for the U.S. First Circuit Court of Appeals, which includes Massachusetts, Rhode Island, Maine, New Hampshire and Puerto Rico, is on a short list of President Clinton's potential appointees for the post.

Other possibilities for Clinton's first Supreme Court appointment include Harry T. Edwards and Patricia Wald of the Washington D.C. Circuit, Judith Kaye of the New York Court of Appeals and Eleanor Holmes Norton, a former George-town Law School professor who is now the District of Columbia's congressional delegate.

But according to The Boston Globe, Breyer is the leading candidate for the next opening on the bench, which will likely come when Justice Byron R. White retires at the end of the summer.

"[Breyer] moved successfully from academia to the hardball political world of Capitol Hill and the Senate," Kenneth R. Feinberg, Sen. Edward M. Kennedy's '54-'56 (D-Mass.) former administrative assistant, told the Globe. Kennedy is reportedly pushing Breyer for the high court.

In 1980 Breyer overcame Sen. Robert Morgan's (R-N.C.) opposition to successfully claim his appointment to the U.S. Appeals Court. He was a candidate for the Harvard presidency during the 1990-1991 search.

The New York Times attributed Breyer's difficulties as a nominee to the fact that he had served as chief counsel to the Senate Judiciary Committee and in that role made significant changes in the committee's process of screening judgeship nominees.

Feinberg, however, told the Globe that the bipartisan support Breyer earned during his tenure at the Senate Judiciary Committee will be one of his strengths, should he be nominated.

When President Carter nominated Breyer in 1980, Breyer's selection was supported by senators ranging from conservative Strom Thurmond (R-S.C.) to liberal Kennedy, for whom Breyer once worked.

"That tells you a lot about the respect he had," Feinberg said.

The Globe also noted that Breyer would be the first J ewish Supreme Court justice since Abe Fortas left in 1966, a factor that could make him a strong candidate for an appointment to the high court.

From 1967 to 1980 Breyer was a professor of law at the Law School, specializing in antitrust and administrative law and economic regulation.

From 1977 through 1980 Breyer divided his Harvard commitment, splitting his time between the Kennedy School of Government and the Law School.

According to Circuit Executive Vincent Flanagan, Breyer is presently in Washington D.C. on unrelated business. The White House did not reply to repeated requests for comment

In 1980 Breyer overcame Sen. Robert Morgan's (R-N.C.) opposition to successfully claim his appointment to the U.S. Appeals Court. He was a candidate for the Harvard presidency during the 1990-1991 search.

The New York Times attributed Breyer's difficulties as a nominee to the fact that he had served as chief counsel to the Senate Judiciary Committee and in that role made significant changes in the committee's process of screening judgeship nominees.

Feinberg, however, told the Globe that the bipartisan support Breyer earned during his tenure at the Senate Judiciary Committee will be one of his strengths, should he be nominated.

When President Carter nominated Breyer in 1980, Breyer's selection was supported by senators ranging from conservative Strom Thurmond (R-S.C.) to liberal Kennedy, for whom Breyer once worked.

"That tells you a lot about the respect he had," Feinberg said.

The Globe also noted that Breyer would be the first J ewish Supreme Court justice since Abe Fortas left in 1966, a factor that could make him a strong candidate for an appointment to the high court.

From 1967 to 1980 Breyer was a professor of law at the Law School, specializing in antitrust and administrative law and economic regulation.

From 1977 through 1980 Breyer divided his Harvard commitment, splitting his time between the Kennedy School of Government and the Law School.

According to Circuit Executive Vincent Flanagan, Breyer is presently in Washington D.C. on unrelated business. The White House did not reply to repeated requests for comment