At The Lectern by Horvitz & Levy

Some outside-the-box speculation about the next Supreme Court justice

The longer it takes Governor Jerry Brown to fill the current vacancy on the Supreme Court (and it’s already been a very long time — 432 days since Justice Kathryn Werdegar announced her retirement and 256 days since she left the bench), the more unconventional the speculation is likely to become about whom he will appoint.  So, it was not a huge surprise when I heard someone mention — based on no inside information at all — the possibility that Governor Brown will appoint his wife, Anne Gust Brown.

Gust Brown is an accomplished lawyer and close advisor to the Governor.  She was frequently mentioned as a possible choice by her husband for state Attorney General when Kamala Harris left that office to become a United States Senator.  (See here, here, and here.)

A Gust Brown appointment could also explain why the Governor is taking so long to fill the Supreme Court vacancy and why the appointment still might not be announced for several more months.  If Justice Werdegar’s replacement is named after mid-August, that person wouldn’t have to face the voters until 2022 instead of this November.  Gust Brown would be an unusually high-profile appointee and the Governor might view her name on the 2018 ballot as a distraction at an election when California voters are choosing his replacement.  The Governor and Gust Brown might also want to minimize the time that their respective terms would overlap.

Many people have said it’s hard to predict what Governor Brown will do.  But that doesn’t stop many people from trying.