Photo: Jill Brady/The Vigil

Minnesotan Coleen Rowley has emerged in the last few days as a potential “off-the-grid” nominee for the U.S. Supreme Court. Rowley’s addition to unofficial SCOTUS “long lists” (as opposed to shortlists) comes as U.S. Sen. Amy Klobuchar downplays chatter that she might be tapped to replace retiring Justice David Souter.  

Interest in Rowley seems to have originated with Nadine Strossen, a professor at New York Law School and former longtime president of the American Civil Liberties Union.

Strossen was among a dozen experts on constitutional law and the Supreme Court consulted by the National Law Journal for an article on possible nominees that appeared online Tuesday.

She’s first quoted as saying that President Obama should not name a white man: “It would create a negative implication — there are no extraordinary, well-qualified women or underrepresented minorities available.”

Two candidates she proposes also teach law: her New York Law School colleague Annette Gordon-Reed and Stephen Carter of Yale Law School.

Then, as paraphrased by reporter Marcia Coyle, Strossen adds:

And, she asked, why not someone whose understanding of and commitment to the law have been tested in the most difficult circumstances, such as FBI whistleblower and lawyer Coleen Rowley and former U.S. Navy Lt. Cmdr. Charles Swift, who represented Guantánamo detainee Salim Hamdan?

Rowley clearly appeals to Strossen on her merits — but it may not hurt her cause that Strossen hails from Minnesota. (After earning undergraduate and law degrees from Harvard University, Strossen returned to her home state to clerk at the Minnesota Supreme Court in 1975 and 1976 and was in private practice in Minneapolis from 1976 to ’78.)

On Wednesday, the conservative National Journal added Rowley, along with others from Coyle’s article, to its long list, which now numbers 41 names, from the obscure to such agreed-upon frontrunners as Judge Diane Wood, Elana Kagan and Sonya Sotomayor.

Rowley laughed off the SCOTUS speculation in an email to the Minnesota Independent:

A bit of comic relief?  Long shot would be an understatement!

I did consider, for a couple weeks, trying for head of the Office of Special Counsel just because it has an awful history of being totally ineffective and there are a lot of government whistleblowers who were hoping for someone to reform OSC which would require someone with independence from the agencies and therefore from outside the beltway.  But for a lot of reasons, I declined to pursue it. I would have been an extremely long shot for that position too although OSC is apparently the smallest government agency that exists — it’s only like 100 attorneys or something like that.

I don’t know anyone in the Obama Administration except one of his press people, Dan Burton, who is a former DCCC [Democratic Congressional Campaign Committee] press guy and, interestingly enough, a former congressional staffer for Bill Luther when Luther was [Minnesota] CD 2 Congressman. Burton happened to be in Minnesota for a wedding when I announced my campaign for congress in July 2005 and he came for the event. I’ve only exchanged one short e-mail with him in the last two years. Interestingly enough, a year or so before the election in 2008, Burton saw one of my HuffPosts against torture and said to keep up the good work or something like that.

Photo: Conservapedia

Klobuchar, a former Hennepin County attorney, doesn’t appear on the National Journal list, but she has been received high-profile mentions elsewhere.

Her status as a potential nominee was the first topic of conversation when she appeared for an hour Wednesday on Minnesota Public Radio’s “Midday” program.

Host Gary Eichten asked whether she might soon don judicial robes instead of the two hats she currently wears as Minnesota’s junior and senior U.S. Senator while the Norm Coleman/Al Franken election contest drags on. Klobuchar’s reply:

I would say this: Minnesota has only one senator and it needs at least one senator. So it’s nice to have my name being sort of bantered [sic] about, but I don’t think that that’s in the cards right now. I did talk to the president this week. He called me and talked to me a little bit about, just in general, the Supreme Court nominee and what I think was important in that nominee. We had a very good discussion and I know he’s very interested in getting this through as soon as possible. … Let’s just say we’re focused on moving forward and I’m Minnesota’s Senator. And that’s it.

If there was more to that conversation than Obama is letting on, Klobuchar succeeded at hiding it better than the brazen Christine Arguello, a federal judge in Denver, or the cagey Judge Wood.

Klobuchar went on to say that being a woman shouldn’t be a litmus test for Obama’s choice in a nominee — at least not for this, his first appointment to the Supreme Court.

Here is the audio of Klobuchar on MPR (Supreme Court discussion begins at the 3:08 mark):

This is the first opportunity to name a new member to the nation’s high court for Obama, a Harvard University-trained lawyer himself who has taught constitutional law.

Given the schedules of the U.S. Supreme Court and the Minnesota Supreme Court — which is hearing oral arguments in the Norm Coleman-Al Franken Senate-election dispute on June 1 — Minnesota may finally have two U.S. Senators again by the time Obama’s nominee to replace Souter comes before the full Senate.

The state’s one sitting Senator, Amy Klobuchar, serves on the Judiciary Committee, which reviews nominees to the high court.

Obama is likely to pick a woman, many court-watchers believe. According to Daphne Eviatar at the Washington Independent (the Minnesota Independent’s sister site), a short list of potential nominees includes:

Elana Kagan, Obama’s Solicitor General

Sonia Sotomayor, a federal appeals court judge in New York who (like Souter) was nominated by the first President Bush

Diane Wood, a federal appeals court judge in Chicago nominated by President Clinton