Barack Obama Supreme Court candidates

File:Then President-elect Barack Obama and Vice President-elect Joe Biden with Justices during a visit to the U.S. Supreme Court in Washington, D.C. .jpg and Joe Biden with Supreme Court justices in the court's conference room, on January 14, 2009, the week before the inauguration. Shown are Chief Justice Roberts and Justices Stevens, Thomas, Ginsburg, and Souter.]]

During the 109th Congress, then-Senator Obama voted against both of President George W. Bush's nominees to the Supreme Court. In a speech announcing his opposition to John Roberts, Obama stated:

{{blockquote|sign=Barack Obama|source=|The problem I face ... is that while adherence to legal precedent and rules of statutory or constitutional construction will dispose of 95 percent of the cases that come before a court so that both a Scalia and a Ginsburg will arrive at the same place most of the time on those 95 percent of the cases – what matters on the Supreme Court is those 5 percent of cases that are truly difficult. In those 5 percent of hard cases, the constitutional text will not be directly on point.... In those circumstances, your decisions about whether affirmative action is an appropriate response to the history of discrimination in this country or whether a general right of privacy encompasses a more specific right of women to control their reproductive decisions, ... in those difficult cases, the critical ingredient is supplied by what is in the judge's heart.... The problem I had is that when I examined Judge Roberts' record and history of public service, it is my personal estimation that he has far more often used his formidable skills on behalf of the strong in opposition to the weak.[http://obama.senate.gov/press/050922-remarks_of_sena/ Obama Senate floor speech opposing John Roberts] {{Webarchive|url=https://web.archive.org/web/20081030231631/http://obama.senate.gov/press/050922-remarks_of_sena/ |date=October 30, 2008 }}}}

In explaining his opposition to Samuel Alito, Obama further evaluated the qualities he found important in a Supreme Court justice:

{{blockquote|I have no doubt that Judge Alito has the training and qualifications necessary to serve. He's an intelligent man and an accomplished jurist. And there's no indication he's not a man of great character. But when you look at his record – when it comes to his understanding of the Constitution, I have found that in almost every case, he consistently sides on behalf of the powerful against the powerless; on behalf of a strong government or corporation against upholding Americans' individual rights.[http://obama.senate.gov/speech/060126-floor_statement_1/ Obama Senate floor speech opposing Samuel Alito] {{Webarchive|url=https://web.archive.org/web/20081030231411/http://obama.senate.gov/speech/060126-floor_statement_1/ |date=October 30, 2008 }}}}

In a speech on July 17, 2007, before the Planned Parenthood Action Fund, he elaborated even more:

{{blockquote|I think the Constitution can be interpreted in so many ways. And one way is a cramped and narrow way in which the Constitution and the courts essentially become the rubber stamps of the powerful in society. And then there's another vision of the court that says that the courts are the refuge of the powerless. Because oftentimes they can lose in the democratic back and forth. They may be locked out and prevented from fully participating in the democratic process. ... And we need somebody who's got the heart – the empathy – to recognize what it's like to be a young teenage mom. The empathy to understand what it's like to be poor or African-American or gay or disabled or old – and that's the criteria by which I'll be selecting my judges.[http://lauraetch.googlepages.com/barackobamabeforeplannedparenthoodaction Obama Planned Parenthood speech] {{Webarchive|url=https://web.archive.org/web/20081218113733/http://lauraetch.googlepages.com/barackobamabeforeplannedparenthoodaction |date=December 18, 2008 }} (July 17, 2007).}}

In November 2007, Obama was asked about the kind of justices he would appoint to the Supreme Court. He responded:

{{blockquote|I taught constitutional law for 10 years, and . . . when you look at what makes a great Supreme Court justice, it's not just the particular issue and how they rule, but it's their conception of the Court. And part of the role of the Court is that it is going to protect people who may be vulnerable in the political process, the outsider, the minority, those who are vulnerable, those who don't have a lot of clout.

. . . [S]ometimes we're only looking at academics or people who've been in the [lower courts]. If we can find people who have life experience and they understand what it means to be on the outside, what it means to have the system not work for them, that's the kind of person I want on the Supreme Court.[https://www.nytimes.com/2007/11/15/us/politics/15debate-transcript.html The Democratic Debate] {{Webarchive|url=https://web.archive.org/web/20210128160156/https://www.nytimes.com/2007/11/15/us/politics/15debate-transcript.html |date=January 28, 2021 }}, The New York Times (November 15, 2007).}}

Later in March 2008, while on the campaign trail in Ohio, Obama again addressed the traits he would look for in a Supreme Court justice, suggesting he might leaven legal scholarship with practical political experience. He held up Earl Warren, a former governor of California who later became Chief Justice, as an example. Mr. Warren, he said, had had the wisdom to recognize that segregation was wrong less because of precise sociological effects and more so because it was immoral and stigmatized blacks:

{{blockquote|I want people [like Earl Warren] on the bench who have enough empathy, enough feeling, for what ordinary people are going through.Michael Powell, [https://www.nytimes.com/2008/03/03/us/politics/03campaign.html Strong Words in Ohio as Obama and Clinton Press On] {{Webarchive|url=https://web.archive.org/web/20161119135332/http://www.nytimes.com/2008/03/03/us/politics/03campaign.html |date=November 19, 2016 }}, The New York Times (March 3, 2008).}}

Later, however, Obama seemed to step away from the example of Warren. In an interview with the editorial board of the Detroit Free Press on October 2, 2008, Obama said:

{{blockquote|There were a lot of justices on the Warren Court who were heroes of mine ... Warren himself, Brennan, (Thurgood) Marshall. But that doesn’t necessarily mean that I think their judicial philosophy is appropriate for today . . . In fact, I would be troubled if you had that same kind of activism in circumstances today.[http://www.freep.com/article/20081003/OPINION01/810030434/ Obama: Fundamental change needed to help Michigan, nation] {{Webarchive|url=https://web.archive.org/web/20090526022103/http://www.freep.com/article/20081003/OPINION01/810030434/ |date=May 26, 2009 }}, The Detroit Free Press (October 3, 2008).}}

Instead, Obama mentioned then current justices David Souter and Stephen Breyer as examples of people he would like to nominate to the Supreme Court in the future:

{{blockquote|. . . [W]hen I think about the kinds of judges who are needed today, it goes back to the point I was making about common sense and pragmatism as opposed to ideology.

I think that Justice Souter, who was a Republican appointee, Justice Breyer, a Democratic appointee, are very sensible judges. They take a look at the facts and they try to figure out: How does the Constitution apply to these facts? They believe in fidelity to the text of the Constitution, but they also think you have to look at what is going on around you and not just ignore real life.

That, I think is the kind of justice that I’m looking for – somebody who respects the law, doesn’t think that they should be making law ... but also has a sense of what’s happening in the real world and recognizes that one of the roles of the courts is to protect people who don’t have a voice.}}

In the third and final presidential debate with Republican nominee John McCain on October 15, 2008, Obama also implied that he would look for a Supreme Court nominee with previous judicial experience:

{{blockquote|I will look for those judges who have an outstanding judicial record, who have the intellect, and who hopefully have a sense of what real-world folks are going through.[http://latimesblogs.latimes.com/washington/2008/10/debate-transcri.html Complete final debate transcript: John McCain and Barack Obama] {{Webarchive|url=https://web.archive.org/web/20081110235858/http://latimesblogs.latimes.com/washington/2008/10/debate-transcri.html |date=November 10, 2008 }}, The Los Angeles Times (October 15, 2008).}}

{{main|Demographics of the Supreme Court of the United States}}

Demographic considerations have played into the appointment of Supreme Court justices since the institution was established. Starting in the 20th century, these concerns shifted from geographic representation to issues of gender and ethnicity.Jeffrey Toobin, [https://www.newyorker.com/talk/comment/2009/06/08/090608taco_talk_toobin Diverse Opinions] {{Webarchive|url=https://web.archive.org/web/20140512144232/http://www.newyorker.com/talk/comment/2009/06/08/090608taco_talk_toobin |date=May 12, 2014 }}, The New Yorker, (June 8, 2009).

Prior to the 2008 presidential election, many court watchers suggested that the next president would be under significant pressure to appoint another woman or ethnic minority to the court.{{Cite web |date=2024-03-27 |title=Bloomberg Politics - Bloomberg |url=https://www.bloomberg.com/politics |access-date=2024-03-27 |website=Bloomberg.com |language=en}}Jeffrey Rosen, [http://www.tnr.com/politics/story.html?id=57762136-6855-44c6-b057-7510b7cb4eda Short Bench: Why the Dems lack Supreme Court nominees] {{Webarchive|url=https://web.archive.org/web/20081028220256/http://www.tnr.com/politics/story.html?id=57762136-6855-44c6-b057-7510b7cb4eda |date=October 28, 2008 }}, The New Republic (March 12, 2008). The calls for naming more women were particularly widespread given the recent retirement of Sandra Day O'Connor and the rapidly changing demographics of the legal community, with women now accounting for about a fifth of all law partners and law school deans, a quarter of the federal bench, and nearly half of all law school graduates.Charlie Savage, [https://www.nytimes.com/2009/05/02/us/02search.html Wider World of Choices to Fill Souter’s Vacancy] {{Webarchive|url=https://web.archive.org/web/20180131093611/http://www.nytimes.com/2009/05/02/us/02search.html |date=January 31, 2018 }}, The New York Times (May 1, 2009). Shortly before the election, for example, NPR reported, "Most observers of the Supreme Court agree about one thing: The next nominee is likely to be a woman".Nina Totenberg, [https://www.npr.org/templates/story/story.php?storyId=96337196 Law School Past Shapes Obama's View On Justices] {{Webarchive|url=https://web.archive.org/web/20170619180344/http://www.npr.org/templates/story/story.php?storyId=96337196 |date=June 19, 2017 }}, National Public Radio (November 2, 2008). Furthermore, after Obama's presidential election victory, Hispanic legal interests groups such as the Hispanic National Bar Association began urging Obama to nominate a Hispanic justice.Tony Mauro, [http://www.law.com/jsp/article.jsp?id=1202426348102 Pressure Is on Obama to Name First Hispanic Supreme Court Justice] {{Webarchive|url=https://web.archive.org/web/20090210173106/http://www.law.com/jsp/article.jsp?id=1202426348102 |date=February 10, 2009 }}, Legal Times (December 1, 2008).

Given the relative youth of the most recent Republican appointments, it was also noted that Democrats had "a strong incentive to pick younger justices this time around". Age proved to be an important consideration for Obama, who was "looking for a justice who will be an intellectual force on the court for many years to come".Bill Mears, [http://www.cnn.com/2009/POLITICS/05/13/scotus.obama/index.html Sources: High court selection process down to finalists] {{Webarchive|url=https://web.archive.org/web/20090918035302/http://www.cnn.com/2009/POLITICS/05/13/scotus.obama/index.html |date=September 18, 2009 }}, CNN (May 13, 2009). As a result, Obama did not seriously consider candidates such as José A. Cabranes, Amalya Kearse, Diana Gribbon Motz, David Tatel, and Laurence Tribe, all of whom he respected but were older than 65 when Obama was looking to replace David Souter.

With the retirement of Justice Stevens, some commentators directed focus on the religious make-up of the court.{{cite news | url=https://www.nytimes.com/2010/04/11/weekinreview/11liptak.html | work=The New York Times | title=Justice Stevens, the Only Protestant on the Supreme Court | first=Adam | last=Liptak | date=April 10, 2010 | access-date=February 21, 2017 | archive-date=November 10, 2017 | archive-url=https://web.archive.org/web/20171110172137/http://www.nytimes.com/2010/04/11/weekinreview/11liptak.html | url-status=live }} Upon Justice Stevens' retirement, the Court lacked any Protestant members, marking the first time in its history that it will be exclusively composed of Jewish and Catholic Justices.Nina Totenberg, "Supreme Court May Soon Lack Protestant Justices," NPR, Heard on Morning Edition, April 7, 2010, found at [https://www.npr.org/templates/story/story.php?storyId=125641988 NPR website] {{Webarchive|url=https://web.archive.org/web/20171024233413/http://www.npr.org/templates/story/story.php?storyId=125641988 |date=October 24, 2017 }} and transcript found at [https://www.npr.org/templates/transcript/transcript.php?storyId=125641988 NPR website] {{Webarchive|url=https://web.archive.org/web/20180103193416/https://www.npr.org/templates/transcript/transcript.php?storyId=125641988 |date=January 3, 2018 }}. Cited by Sarah Pulliam Bailey, "The Post-Protestant Supreme Court: Christians weigh in on whether it matters that the high court will likely lack Protestant representation," Christianity Today, April 10, 2010, found at [http://www.christianitytoday.com/ct/2010/aprilweb-only/24-53.0.html Christianity Today website] {{Webarchive|url=https://web.archive.org/web/20160322133511/http://www.christianitytoday.com/ct/2010/aprilweb-only/24-53.0.html |date=March 22, 2016 }}. Also cited by "Does the U.S. Supreme Court need another Protestant?" USA Today, April 9, 2010, found at [http://content.usatoday.com/communities/Religion/post/2010/04/supreme-court-justice-stevens-catholic-jewish/1 USA Today website] {{Webarchive|url=https://archive.today/20130205164440/http://content.usatoday.com/communities/Religion/post/2010/04/supreme-court-justice-stevens-catholic-jewish/1 |date=February 5, 2013 }}. All accessed April 10, 2010.

{{Main|Sonia Sotomayor Supreme Court nomination}}

On May 26, 2009, Obama announced Second Circuit appeals court judge Sonia Sotomayor as his choice to replace retiring Associate Justice David H. Souter. Sotomayor's nomination was submitted to the United States Senate on June 1, 2009, when the 111th Congress reconvened after its Memorial Day recess. Sotomayor was confirmed by the Senate on August 6, 2009, by a vote of 68–31,Charlie Savage, [https://www.nytimes.com/2009/08/07/us/politics/07confirm.html Sotomayor Confirmed by Senate, 68-31] {{Webarchive|url=https://web.archive.org/web/20200919051849/https://www.nytimes.com/2009/08/07/us/politics/07confirm.html |date=September 19, 2020 }}, The New York Times (August 6, 2009). and was sworn in as an Associate Justice on August 8, 2009.Greg Storh, [https://www.bloomberg.com/apps/news?pid=20601087&sid=aZBIOxvjiJd4 Sonia Sotomayor Sworn In as Supreme Court Justice], Bloomberg (August 8, 2009).

Long before the election of President Obama, Associate Justice David H. Souter had expressed a desire to leave Washington, D.C., and return to his native New Hampshire.{{cite news | url= https://www.npr.org/templates/story/story.php?storyId=103694193 | first = Nina | last = Totenberg | work = National Public Radio | title = Supreme Court Justice Souter To Retire | date = April 30, 2009 | access-date =May 29, 2009| archive-url= https://web.archive.org/web/20090504031636/http://www.npr.org/templates/story/story.php?storyId=103694193| archive-date= May 4, 2009 | url-status= live}}Robert Barnes, [https://www.washingtonpost.com/wp-dyn/content/article/2009/04/30/AR2009043004361.html Souter Reportedly Planning to Retire From High Court] {{Webarchive|url=https://web.archive.org/web/20170401163228/http://www.washingtonpost.com/wp-dyn/content/article/2009/04/30/AR2009043004361.html |date=April 1, 2017 }}, The Washington Post (May 1, 2009). The election of a Democratic president in 2008 made Souter more inclined to retire, but he did not want to create a situation in which there would be multiple vacancies at once. Souter apparently became satisfied that no other justices planned to retire at the end of the Supreme Court's term in June 2009. As a result, in mid-April 2009 he privately notified the White House of his intent to retire from the Supreme Court at the conclusion of its business for that term.{{cite news |first=Peter |last=Baker |author2=Nagourney, Adam |title=Sotomayor Pick a Product of Lessons From Past Battles |url=https://www.nytimes.com/2009/05/28/us/politics/28select.html |work=The New York Times |date=May 28, 2009 |access-date=May 29, 2009| archive-url= https://web.archive.org/web/20150316085646/http://www.nytimes.com/2009/05/28/us/politics/28select.html| archive-date=March 16, 2015| url-status= live}} Souter submitted a resignation letter to Obama on May 1, who later that day made an unscheduled appearance during the daily White House press briefing to publicly announce Souter's retirement.

Obama began the process of identifying potential Supreme Court nominees shortly after his election in 2008, before a Supreme Court vacancy was actually known. White House Counsel Greg Craig helped assemble an early list of possible names. Once the White House had learned of Souter's plans to retire, two members of the Vice President's staff, Chief of Staff Ron Klain and Counsel Cynthia Hogan, ran the daily operations of the selection process.

Within a week of Souter's announcement the White House had formalized its short list of candidates to replace Souter, with Judge Sonia Sotomayor of the Second Circuit, Judge Diane Pamela Wood of the Seventh Circuit, and Solicitor General Elena Kagan reportedly leading contenders for the nomination.Jan Crawford Greenburg, [http://blogs.abcnews.com/legalities/2009/05/white-house-for.html White House Formalizes Supreme Court Short List] {{Webarchive|url=https://web.archive.org/web/20090511000945/http://blogs.abcnews.com/legalities/2009/05/white-house-for.html |date=May 11, 2009 }}, ABC News (May 7, 2009). Homeland Security Secretary Janet Napolitano, California Supreme Court Justice Carlos Moreno, and Michigan Governor Jennifer Granholm were also reportedly on the short list of candidates under serious consideration by the White House.Ben Feller, [https://news.yahoo.com/s/ap/20090516/ap_on_go_pr_wh/us_obama_supreme_court White House: No interviews of court candidates yet], Associated Press (May 15, 2009). Chief Justice Leah Ward Sears of the Georgia Supreme Court, Judge Merrick B. Garland of the United States Court of Appeals for the District of Columbia Circuit, and Judge Ruben Castillo of the Federal District Court for the Northern District in Illinois were also on the final list of nine candidates.{{cite news |first=Peter |last=Baker |author2=Nagourney, Adam |title=Sotomayor Pick a Product of Lessons From Past Battles |url=https://www.nytimes.com/2009/05/28/us/politics/28select.html |work=The New York Times |date=May 28, 2009 |access-date=February 21, 2017 |archive-date=March 16, 2015 |archive-url=https://web.archive.org/web/20150316085646/http://www.nytimes.com/2009/05/28/us/politics/28select.html |url-status=live }} Joanne A. Epps, dean at Temple University Beasley School of Law was a contender according to NPR.{{Cite web |date=2009 |title=Supreme Court Choices You Haven't Heard of |url=https://www.npr.org/2009/05/17/104222039/supreme-court-choices-you-havent-heard-of |website=NPR}}

Obama had not interviewed any of the candidates before May 18,Associated Press, [https://www.nbcnews.com/id/wbna30822896 Court candidate Granholm visits White House] (May 19, 2009). but that week saw a flurry of activity and speculation surrounding possible interviews of candidates. Jennifer Granholm attended a CAFE standards meeting at the White House on May 19 and spoke with Obama, but officials would not comment on whether the two discussed a potential court appointment. On May 20, Diane Wood and Elena Kagan attended a conference on judicial independence at Georgetown University hosted by retired Associate Justice Sandra Day O'Connor.Edwin Chen and Greg Stohr, [https://www.bloomberg.com/apps/news?pid=newsarchive&sid=aQ5KpPYT4h18 Obama Said to Have Met With High Court Candidate Wood] {{Webarchive|url=https://web.archive.org/web/20121103011839/http://www.bloomberg.com/apps/news?pid=newsarchive&sid=aQ5KpPYT4h18 |date=November 3, 2012 }}, Bloomberg (May 20, 2009). Ultimately, Obama winnowed his list to four individuals, all of them women: Sotomayor, Wood, Kagan, and Napolitano.Peter Baker, [https://www.nytimes.com/2009/05/26/us/politics/26court.html Favorites of Left Don’t Make Obama’s Court List] {{Webarchive|url=https://web.archive.org/web/20160702203437/http://www.nytimes.com/2009/05/26/us/politics/26court.html |date=July 2, 2016 }}, The New York Times (May 25, 2009). Obama conducted hour-long one-on-one interviews with the four finalists, meeting with Wood and Kagan on May 19, and Sotomayor and Napolitano on May 21.Peter Baker and Jeff Zeleny, [https://www.nytimes.com/2009/05/27/us/politics/27court.html?pagewanted=all Obama Hails Judge as ‘Inspiring’] {{Webarchive|url=https://web.archive.org/web/20151023105557/http://www.nytimes.com/2009/05/27/us/politics/27court.html?pagewanted=all |date=October 23, 2015 }}, The New York Times (May 26, 2009). Vice President Joe Biden also interviewed the four finalists.

Obama telephoned Judge Sotomayor at 9 pm EST on May 25 to alert her that she was his choice. Later that night, he called the other three finalists and informed them of his decision. Obama announced the nomination the next morning in the East Room of the White House in a press conference alongside Sotomayor and Joe Biden.

{{Main|Elena Kagan Supreme Court nomination}}

On May 10, 2010, Obama nominated Elena Kagan, the Solicitor General of the United States, to replace retiring Associate Justice John Paul Stevens. Solicitor General Elena Kagan was confirmed by the Senate by a 63–37 vote.{{cite news |url=https://www.nytimes.com/2010/05/10/us/politics/10court.html?hp |title=Obama Names Kagan for Supreme Court |work=The New York Times |date=May 9, 2010 |access-date=May 9, 2010 | first1=Peter | last1=Baker | first2=Jeff | last2=Zeleny| archive-url= https://web.archive.org/web/20100513024109/http://www.nytimes.com/2010/05/10/us/politics/10court.html?hp| archive-date= May 13, 2010 | url-status= live}}

On April 9, 2010, Associate Justice John Paul Stevens announced that he would retire at the conclusion of the Supreme Court's term in June 2010.Mark Sherman, [https://news.yahoo.com/s/ap/20100409/ap_on_go_su_co/us_supreme_court_stevens Summer battle ahead for Stevens' court replacement] {{Webarchive|url=https://web.archive.org/web/20100417081714/http://news.yahoo.com/s/ap/20100409/ap_on_go_su_co/us_supreme_court_stevens |date=April 17, 2010 }}, Associated Press (April 9, 2010). This announcement had been widely anticipated since September 2009 when Stevens confirmed that he had hired only a single law clerk for the Supreme Court term beginning in October 2010.{{cite web |date=2009-09-03 |title=Speculation rises that Supreme Court Justice Stevens will retire |url=https://www.latimes.com/archives/la-xpm-2009-sep-03-na-stevens3-story.html |access-date=2024-03-27 |website=Los Angeles Times }} (Full-time associate justices are allowed up to four law clerks while retired justices have only one.)

Before the announcement, the White House had been preparing for another possible Supreme Court vacancy, with White House Press Secretary Robert Gibbs responding to speculation about a possible Stevens retirement by saying "We'll be ready."{{Cite web |date=2010-04-05 |title=Who would replace Justice John Paul Stevens? |url=https://www.nbcnews.com/id/wbna36182138 |access-date=2024-03-27 |website=NBC News |language=en}} After Stevens announced his retirement, an anonymous White House official said that about ten people were under consideration. The leading contenders to replace Stevens were said to include Seventh Circuit Judge Diane Pamela Wood and Solicitor General Elena Kagan, both of whom had been interviewed for the David Souter vacancy, and D.C. Circuit Judge Merrick B. Garland, who had also been considered for the Souter vacancy. Others mentioned include Ninth Circuit Judge Sidney Runyan Thomas, former Georgia Chief Justice Leah Ward Sears, Michigan Governor Jennifer Granholm and Homeland Security Secretary Janet Napolitano.Ben Feller, [https://news.yahoo.com/s/ap/20100412/ap_on_go_su_co/us_obama_supreme_court Source: Judge Sidney Thomas on Supreme Court list] {{webarchive |url=https://web.archive.org/web/20100413194606/http://news.yahoo.com/s/ap/20100412/ap_on_go_su_co/us_obama_supreme_court |date=April 13, 2010 }}, Associated Press (April 12, 2010).

Early in April 2010, Obama conducted a White House interview with Merrick Garland.{{Cite web |last=Stolberg |first=Sheryl Gay |date=2010-04-30 |title=Obama Interviews Potential Supreme Court Nominees |url=https://archive.nytimes.com/thecaucus.blogs.nytimes.com/2010/04/30/obama-interviews-potential-supreme-court-nominees/ |access-date=2024-03-27 |website=The Caucus |language=en}} On April 29, 2010, Obama and Vice President Joe Biden each met separately with Sidney Thomas at the White House to discuss the vacancy.Ben Feller, [https://news.yahoo.com/s/ap/20100430/ap_on_go_pr_wh/us_obama_supreme_court Obama interviews Thomas, Garland for high court] {{Webarchive|url=https://web.archive.org/web/20100507150525/http://news.yahoo.com/s/ap/20100430/ap_on_go_pr_wh/us_obama_supreme_court |date=May 7, 2010 }}, Associated Press (April 30, 2010). Elena Kagan was interviewed the following day,{{Cite web |date=2015-03-25 |title=Obama Interviews Solicitor General Elena Kagan for Supreme Court |url=https://www.foxnews.com/politics/obama-interviews-solicitor-general-elena-kagan-for-supreme-court |access-date=2024-03-27 |website=Fox News |language=en-US}} and Diane Wood the following week on May 4.Ben Feller, [https://www.washingtonpost.com/wp-dyn/content/article/2010/05/04/AR2010050404312.html Obama interviews Diane Wood for Supreme Court]{{dead link|date=June 2021|bot=medic}}{{cbignore|bot=medic}}, Associated Press (May 4, 2010).

{{Main|Merrick Garland Supreme Court nomination}}

On March 16, 2016, Obama nominated Merrick Garland, Chief Judge of the United States Court of Appeals for the District of Columbia Circuit, to replace Antonin Scalia.{{cite news|last1=Shear|first1=Michael D.|title=Obama Chooses Merrick Garland for Supreme Court|url=https://www.nytimes.com/2016/03/17/us/politics/obama-supreme-court-nominee.html|access-date=16 March 2016|work=The New York Times|date=16 March 2016|archive-date=March 16, 2016|archive-url=https://web.archive.org/web/20160316121409/http://www.nytimes.com/2016/03/17/us/politics/obama-supreme-court-nominee.html|url-status=live}} On February 23, 2016, the 11 Republican members of the Senate Judiciary Committee signed a letter to Senate majority leader Mitch McConnell stating their intention to withhold consent on any nominee made by President Obama, and that no hearings would occur until after January 20, 2017, when the next president takes office.[https://assets.documentcloud.org/documents/2719115/Senate-SCOTUS-Letter.pdf Scotus letter] {{Webarchive|url=https://web.archive.org/web/20160907013449/https://assets.documentcloud.org/documents/2719115/Senate-SCOTUS-Letter.pdf |date=September 7, 2016 }} The 11 members were Committee Chair Chuck Grassley of Iowa,{{cite web | title = Grassley on Supreme Court Nomination: 'We have a constitutional responsibility | url = http://whotv.com/2016/03/01/grassley-attends-white-house-meeting-for-supreme-court-nomination/ | publisher = WHO tv interview | location = Des Moines, Iowa | date = March 1, 2016 | access-date = March 3, 2016 | archive-date = March 3, 2016 | archive-url = https://web.archive.org/web/20160303102628/http://whotv.com/2016/03/01/grassley-attends-white-house-meeting-for-supreme-court-nomination/ | url-status = live }} Orrin Hatch and Mike Lee of Utah, Jeff Sessions of Alabama, Lindsey Graham of South Carolina, John Cornyn and Ted Cruz of Texas, Jeff Flake of Arizona, David Vitter of Louisiana, David Perdue of Georgia, and Thom Tillis of North Carolina. After Garland's nomination, McConnell reiterated his position that the Senate would not confirm any Supreme Court nomination from Obama. Garland's nomination expired on January 3, 2017.Jess Bravin, [https://www.wsj.com/articles/president-obamas-supreme-court-nomination-of-merrick-garland-expires-1483463952 President Obama’s Supreme Court Nomination of Merrick Garland Expires] {{Webarchive|url=https://web.archive.org/web/20170310012617/https://www.wsj.com/articles/president-obamas-supreme-court-nomination-of-merrick-garland-expires-1483463952 |date=March 10, 2017 }}, The Wall Street Journal (January 3, 2017).

On February 13, 2016, Associate Justice Antonin Scalia was found dead while vacationing at Cibolo Creek Ranch near Marfa, Texas.{{citation |last=Liptak |first=Alan |title=Justice Antonin Scalia, Who Led a Conservative Renaissance on the Supreme Court, Is Dead at 79 |url=https://www.nytimes.com/2016/02/14/us/antonin-scalia-death.html |date=February 13, 2016 |work=The New York Times |access-date=February 17, 2016 |archive-date=February 16, 2016 |archive-url=https://archive.today/20160216072645/http://www.nytimes.com/2016/02/16/arts/music/steven-stucky-composer-who-won-a-pulitzer-dies-at-66.html?_r=0 |url-status=live }} President Obama stated that he planned to nominate someone to replace Scalia on the Supreme Court. Scalia's death marked just the second time in sixty years that a sitting justice died.{{cite news|last1=Gresko |first1=Jessica |title=Scalia's death in office a rarity for modern Supreme Court |url=http://bigstory.ap.org/article/09e55c6fbd6d41a28a03564f3202ef6b/scalias-death-office-rarity-modern-supreme-court |access-date=February 15, 2016 |agency=Associated Press |date=February 14, 2016 |url-status=dead |archive-url=https://web.archive.org/web/20160216080820/http://bigstory.ap.org/article/09e55c6fbd6d41a28a03564f3202ef6b/scalias-death-office-rarity-modern-supreme-court |archive-date=February 16, 2016 |df=mdy }}

The White House vetted a number of candidates that had previously received broad support from Republicans, including D.C. Circuit Judges Merrick Garland and Sri Srinivasan,{{citation |last=Davis |first=Julie Hirschfeld |title=Three More Judges Said to Be Vetted for Supreme Court |url=https://www.nytimes.com/2016/03/05/us/politics/three-more-judges-said-to-be-vetted-for-supreme-court.html |date=March 4, 2016 |work=The New York Times |access-date=March 5, 2016 |archive-date=August 24, 2018 |archive-url=https://web.archive.org/web/20180824165143/https://www.nytimes.com/2016/03/05/us/politics/three-more-judges-said-to-be-vetted-for-supreme-court.html |url-status=live }} Eighth Circuit Judge Jane L. Kelly,{{citation |last1=Davis |first1=Julie Hirschfeld |last2=Herszenhorn |first2=David M. |title=White House Is Said to Be Vetting Iowa Judge for Supreme Court Seat |url=https://www.nytimes.com/2016/03/03/us/politics/white-house-vetting-jane-kelly-judge-supreme-court.html |date=March 2, 2016 |work=The New York Times |access-date=March 5, 2016 |archive-date=March 5, 2016 |archive-url=https://web.archive.org/web/20160305032106/http://www.nytimes.com/2016/03/03/us/politics/white-house-vetting-jane-kelly-judge-supreme-court.html |url-status=live }} Ninth Circuit Judge Paul J. Watford,{{citation |last=Totenberg |first=Nina |title=President Obama Meets With Supreme Court Candidates |url=https://www.npr.org/2016/03/08/469722360/president-obama-meets-with-supreme-court-candidates |date=March 8, 2016 |work=NPR |access-date=March 10, 2016 |archive-date=March 10, 2016 |archive-url=https://web.archive.org/web/20160310051918/http://www.npr.org/2016/03/08/469722360/president-obama-meets-with-supreme-court-candidates |url-status=live }} and Judge Ketanji Brown Jackson of the United States District Court for the District of Columbia. On March 11, Reuters reported that Obama had narrowed his list down to three candidates: Srinivasan, Garland, and Watford.{{cite news|last1=Edwards|first1=Julia|title=White House narrows search to three for Supreme Court|url=https://www.reuters.com/article/us-usa-court-obama-idUSKCN0WD2LE|access-date=12 March 2016|work=Reuters|date=11 March 2016|archive-date=May 1, 2017|archive-url=https://web.archive.org/web/20170501001430/http://www.reuters.com/article/us-usa-court-obama-idUSKCN0WD2LE|url-status=live}}

Following is a list of individuals who were mentioned in various news accounts as the most likely potential nominees for a Supreme Court appointment under Obama:

File:US Court of Appeals and District Court map.svg

{{clear}}

• Court of Appeals for the D.C. Circuit
• Merrick Garland (born 1952)Dimitra Kessenides, [http://amlawdaily.typepad.com/amlawdaily/2008/11/the-am-law-li-9.html Does D.C. Circuit Court Judge Merrick Garland Have Supreme Potential?] {{Webarchive|url=https://web.archive.org/web/20090505234614/http://amlawdaily.typepad.com/amlawdaily/2008/11/the-am-law-li-9.html |date=May 5, 2009 }}, The Am Law Daily (November 17, 2008).{{cite news | url=https://www.latimes.com/nation/politics/la-na-court-gop-20141109-story.html | title=Obama unlikely to alter Supreme Court ideology with Republican Senate | newspaper=Los Angeles Times | date=November 8, 2014 | access-date=March 5, 2015 | author=David G. Savage & Timothy M. Phelps | archive-date=April 10, 2015 | archive-url=https://web.archive.org/web/20150410050511/http://www.latimes.com/nation/politics/la-na-court-gop-20141109-story.html | url-status=live }}{{Cite news|title = Who Obama Might Nominate to Replace Scalia on Supreme Court|url = https://www.nytimes.com/aponline/2016/02/14/us/politics/ap-us-supreme-court-potential-justices.html|newspaper = The New York Times|date = 2016-02-14|access-date = 2016-02-15|issn = 0362-4331|last = The Associated Press|archive-date = February 18, 2016|archive-url = https://web.archive.org/web/20160218140038/http://www.nytimes.com/aponline/2016/02/14/us/politics/ap-us-supreme-court-potential-justices.html|url-status = live}} (nomination expired)
• Sri Srinivasan (born 1967){{cite magazine | url=http://www.slate.com/articles/news_and_politics/jurisprudence/2016/02/obama_s_supreme_court_shortlist_is_full_of_great_candidates.html | title=Obama's Supreme Court Shortlist | magazine=Slate | date=February 13, 2016 | access-date=February 14, 2016 | author=Lithwick, Dahlia | archive-date=February 14, 2016 | archive-url=https://web.archive.org/web/20160214072038/http://www.slate.com/articles/news_and_politics/jurisprudence/2016/02/obama_s_supreme_court_shortlist_is_full_of_great_candidates.html | url-status=live }}{{cite web | url=http://www.politico.com/story/2016/02/antonin-scalia-replacement-219271 | title=Obama's Supreme Court short list: The president has a chance to make a big statement with who he picks to replace Scalia | publisher=Politico | date=February 14, 2016 | access-date=February 14, 2016 | author=Gerstein, Josh | archive-date=February 14, 2016 | archive-url=https://web.archive.org/web/20160214143853/http://www.politico.com/story/2016/02/antonin-scalia-replacement-219271 | url-status=live }}{{cite news|last=Eilperin|first=Juliet|title=Sri Srinivasan confirmed to judicial seat in unanimous Senate vote|url=https://www.washingtonpost.com/blogs/post-politics/wp/2013/05/23/sri-srinivasan-to-get-confirmation-vote-thursday-afternoon/|newspaper=Washington Post|date=23 May 2013|access-date=August 24, 2017|archive-date=May 13, 2015|archive-url=https://web.archive.org/web/20150513214517/http://www.washingtonpost.com/blogs/post-politics/wp/2013/05/23/sri-srinivasan-to-get-confirmation-vote-thursday-afternoon/|url-status=live}}{{cite web|title = In search for Scalia's successor, Obama may see GOP opposition as incentive to select a liberal|url = https://www.latimes.com/nation/la-na-scalia-successor-20160214-story.html|website = Los Angeles Times|date = February 15, 2016|access-date = 2016-02-15|archive-date = February 26, 2016|archive-url = https://web.archive.org/web/20160226141528/http://www.latimes.com/nation/la-na-scalia-successor-20160214-story.html|url-status = live}}
• Patricia Millett (born 1963){{cite magazine | url=https://www.newyorker.com/online/blogs/comment/2014/03/the-supreme-court-farm-team.html | title=THE SUPREME COURT FARM TEAM | magazine=The New Yorker | date=18 March 2014 | access-date=9 July 2014 | author=Toobin, Jeffrey | archive-date=June 2, 2014 | archive-url=https://web.archive.org/web/20140602232631/http://www.newyorker.com/online/blogs/comment/2014/03/the-supreme-court-farm-team.html | url-status=live }}
• Robert L. Wilkins (born 1963)
• Court of Appeals for the 1st Circuit
• David J. Barron (born 1967){{cite web| last = Mukherji| first = Aditi| title = Will 1st Circuit Nominee David Barron Be Nominated to SCOTUS?| publisher = The FindLaw Circuit News and Information Blog| date = 20 March 2014| url = https://blogs.findlaw.com/first_circuit/2014/03/will-1st-cir-nominee-david-barron-be-nominated-to-scotus.html| access-date = 23 March 2014| archive-date = August 13, 2018| archive-url = https://web.archive.org/web/20180813111647/https://blogs.findlaw.com/first_circuit/2014/03/will-1st-cir-nominee-david-barron-be-nominated-to-scotus.html| url-status = live}}
• Court of Appeals for the 2nd Circuit
• Sonia Sotomayor (born 1954) (nominated and confirmed)
• Robert Katzmann (1953–2021)Emily Bazelon & Dahlia Lithwick, [http://www.slate.com/id/2250251/ Who Should Replace Justice Stevens?] {{Webarchive|url=https://web.archive.org/web/20110122034233/http://www.slate.com/id/2250251/ |date=January 22, 2011 }}, "Slate," (April 12, 2010)SCOTUS NOMINEE [http://www.politico.com/story/2010/04/arena-digest-scotus-nominee-035634] {{Webarchive|url=https://web.archive.org/web/20160303150721/http://www.politico.com/story/2010/04/arena-digest-scotus-nominee-035634|date=March 3, 2016}}, "Politico," (April 12, 2010)
• Court of Appeals for the 7th Circuit
• Ann Claire Williams (born 1949)Ben Smith and Josh Gerstein, [http://www.politico.com/news/stories/0409/21972.html Justice Souter to retire] {{Webarchive|url=https://web.archive.org/web/20090502115822/http://www.politico.com/news/stories/0409/21972.html |date=May 2, 2009 }}, Politico (April 30, 2009).Abdon M. Pallasch, [http://www.suntimes.com/news/politics/1419987,judge-diana-wood-ruth-ginsberg-seat-020909.article Could Chicago's Judge Wood fill Ginsburg's seat if she resigns from Supreme Court?] {{Webarchive|url=https://web.archive.org/web/20090212131548/http://www.suntimes.com/news/politics/1419987,judge-diana-wood-ruth-ginsberg-seat-020909.article |date=February 12, 2009 }}, Chicago Tribune (February 8, 2009).
• Diane Wood (born 1950)Stuart Taylor Jr., [http://www.nationaljournal.com/njmagazine/cs_20080726_6164.php In the Balance] {{Webarchive|url=https://web.archive.org/web/20081025182617/http://www.nationaljournal.com/njmagazine/cs_20080726_6164.php |date=October 25, 2008 }}, National Journal (July 26, 2008).Justin Jouvenal, [http://www.salon.com/news/feature/2008/11/19/supreme_court/ Ten picks for Obama's Supreme Court] {{Webarchive|url=https://web.archive.org/web/20100417043833/http://www.salon.com/news/feature/2008/11/19/supreme_court |date=April 17, 2010 }}, Salon.com, (November 19, 2008).Jess Bravin, [https://www.wsj.com/articles/SB10001424052748703894304575047603606503576?mod=WSJ_newsreel_us Democrats Divide on Voice of Possible Top-Court Pick] {{Webarchive|url=https://web.archive.org/web/20171206152326/https://www.wsj.com/articles/SB10001424052748703894304575047603606503576?mod=WSJ_newsreel_us |date=December 6, 2017 }} The Wall Street Journal (February 8, 2010).Peter Baker and Jeff Zeleny, [https://www.nytimes.com/2009/05/01/us/01souter.html Souter Said to Be Leaving Court in June] {{Webarchive|url=https://web.archive.org/web/20171115210625/http://www.nytimes.com/2009/05/01/us/01souter.html |date=November 15, 2017 }}, The New York Times (April 30, 2009).Joan Biskupic, [https://www.usatoday.com/news/washington/judicial/2008-10-23-candidates-courts_N.htm For divided high court, two potential legacies] {{Webarchive|url=https://web.archive.org/web/20100430133201/http://www.usatoday.com/news/washington/judicial/2008-10-23-candidates-courts_N.htm |date=April 30, 2010 }}, USA Today (October 23, 2008).James Oliphant, [https://www.chicagotribune.com/news/nationworld/chi-supreme-court-charticle-obamnov03,0,7384219.story Five possible nominees for Obama] {{Webarchive|url=https://web.archive.org/web/20081207005808/http://www.chicagotribune.com/news/nationworld/chi-supreme-court-charticle-obamnov03,0,7384219.story |date=December 7, 2008 }}, Chicago Tribune (November 3, 2008).Tom Goldstein, [http://www.scotusblog.com/wp/if-there-is-a-supreme-court-appointment-this-summer/ If there is a Supreme Court appointment this summer...] {{Webarchive|url=https://web.archive.org/web/20201217051040/https://www.scotusblog.com/2009/01/if-there-is-a-supreme-court-appointment-this-summer/ |date=December 17, 2020 }}, SCOTUSblog (January 24, 2009).Peter Baker, [https://www.nytimes.com/2010/03/26/us/politics/26court.html In Possible Retirement, the Likelihood of an Election-Year Confrontation] {{Webarchive|url=https://web.archive.org/web/20180719024857/https://www.nytimes.com/2010/03/26/us/politics/26court.html |date=July 19, 2018 }}, The New York Times (March 25, 2010).Mark Sherman, [https://www.google.com/hostednews/ap/article/ALeqM5gQ7XnkQSCF6c-bNMoGmK5NJSACggD9ET3I3G1 Supreme Court Prospects are Kagan, Wood, Garland]{{dead link|date=June 2024|bot=medic}}{{cbignore|bot=medic}}, Associated Press (April 5, 2010).Bill Mears, [http://www.cnn.com/2010/POLITICS/04/05/stevens.supreme.court/?hpt=Sbin Names floated as Stevens weighs retirement] {{Webarchive|url=https://web.archive.org/web/20100614024258/http://www.cnn.com/2010/POLITICS/04/05/stevens.supreme.court/?hpt=Sbin |date=June 14, 2010 }}, CNN (April 5, 2010).Feller, Ben & Babington, Charles (April 10, 2010), [http://www.sfgate.com/cgi-bin/article.cgi?f=/n/a/2010/04/10/national/w102759D44.DTL Obama Emboldened for Another Supreme Court Pick] {{Webarchive|url=https://web.archive.org/web/20100412143203/http://www.sfgate.com/cgi-bin/article.cgi?f=/n/a/2010/04/10/national/w102759D44.DTL |date=April 12, 2010 }}, San Francisco Chronicle, (Associated Press), retrieved April 10, 2010.Carrie Johnson, [https://www.washingtonpost.com/wp-dyn/content/article/2009/02/06/AR2009020603726_2.html?sid=ST2009020501946&s_pos= Ginsburg illness puts focus on Obama's choices] {{Webarchive|url=https://web.archive.org/web/20180813135422/http://www.washingtonpost.com/wp-dyn/content/article/2009/02/06/AR2009020603726_2.html?sid=ST2009020501946&s_pos= |date=August 13, 2018 }} The Washington Post (February 6, 2009).Neil A. Lewis, [https://www.nytimes.com/2009/05/12/us/politics/12wood.html?_r=1&scp=6&sq=diane%20wood&st=cse "Potential Justice Offers a Counterpoint in Chicago] {{Webarchive|url=https://web.archive.org/web/20180719024724/https://www.nytimes.com/2009/05/12/us/politics/12wood.html?_r=1&scp=6&sq=diane%20wood&st=cse |date=July 19, 2018 }}, The New York Times (May 11, 2009).Associated Press, [https://www.google.com/hostednews/ap/article/ALeqM5gImiXOF6nt1VkenWHlNkXnNwQHJgD97T7P400 A look at potential Obama nominees to high court]{{dead link|date=June 2024|bot=medic}}{{cbignore|bot=medic}}, (April 30, 2009).Greg Stohr & James Rowley, [https://www.bloomberg.com/apps/news?pid=20601087&sid=aEnOVJ0c76BQ&refer=home Obama May Lean Toward Centrist for First U.S. High Court Pick], Bloomberg.com (May 2, 2009){{cite news |first=Jeff |last=Zeleny |title=Search for Supreme Court Justice Reaches Interview Stage |url=https://www.nytimes.com/2009/05/21/us/politics/21scotus.html |work=The New York Times |date=May 20, 2009 |access-date=February 21, 2017 |archive-date=April 12, 2018 |archive-url=https://web.archive.org/web/20180412161411/https://www.nytimes.com/2009/05/21/us/politics/21scotus.html |url-status=live }}{{cite news | first = Ariane | last = de Vogue | url = https://abcnews.go.com/Politics/Supreme_Court/white-house-prepares-possibility-supreme-court-vacancies/story?id=9740077&page=1 | title = White House Prepares for Possibility of 2 Supreme Court Vacancies | work = ABC News | date = February 4, 2010 | access-date = April 16, 2020 | archive-date = November 27, 2010 | archive-url = https://web.archive.org/web/20101127204819/http://abcnews.go.com/Politics/Supreme_Court/white-house-prepares-possibility-supreme-court-vacancies/story?id=9740077&page=1 | url-status = live }}Jan Crawford, [https://www.cbsnews.com/blogs/2010/01/28/crossroads/entry6150742.shtml Obama Skewers Court—and Signals Change Ahead] {{Webarchive|url=https://web.archive.org/web/20100202035200/http://www.cbsnews.com/blogs/2010/01/28/crossroads/entry6150742.shtml |date=February 2, 2010 }}, CBS News (January 28, 2010).Bill Mears, [http://www.cnn.com/2010/POLITICS/02/12/scotus.possible.vacancy/ Insiders: White House quietly preps for possible high court spot] {{Webarchive|url=https://web.archive.org/web/20121108062954/http://www.cnn.com/2010/POLITICS/02/12/scotus.possible.vacancy/ |date=November 8, 2012 }}, CNN (February 12, 2010).Ben Feller & Charles Babington, [https://www.google.com/hostednews/ap/article/ALeqM5iVIF9OnrgW2kTS53D8szV4l9GLewD9F0E9RO0 Obama Emboldened for Another Supreme Court Pick]{{dead link|date=June 2024|bot=medic}}{{cbignore|bot=medic}}, Associated Press (April 10, 2010).Bob Secter & Rex Huppke, [https://wayback.archive-it.org/all/20100422031029/http://articles.chicagotribune.com/2010-04-11/news/ct-met-diane-wood-profile-0411-20100410_1_liberal-justice-liberal-activist-supreme-court-short-list Judge with Chicago Ties is on Supreme Court Short List], Chicago Tribune (April 10, 2010).
• Court of Appeals for the 8th Circuit
• Jane L. Kelly (born 1964)
• Court of Appeals for the 9th Circuit
• M. Margaret McKeown (born 1951)Ariane de Vogue and Jan Crawford Greenburg, [https://abcnews.go.com/Politics/SCOTUS/Story?id=7480719 Obama's Potential Supreme Court Nominees] {{Webarchive|url=https://web.archive.org/web/20180813182131/https://abcnews.go.com/Politics/SCOTUS/Story?id=7480719 |date=August 13, 2018 }}, ABC News, (May 5, 2009).Greg Moran, [http://www3.signonsandiego.com/stories/2009/may/11/1m11mckeown233754-appeals-judge-might-be-list-sout/ Appeals judge might be on list for Souter's job] {{Webarchive|url=https://web.archive.org/web/20090515015727/http://www3.signonsandiego.com/stories/2009/may/11/1m11mckeown233754-appeals-judge-might-be-list-sout/ |date=May 15, 2009 }}, The San Diego Union-Tribune, (May 11, 2009).
• Jacqueline Nguyen (born 1965)Greg Stohr, [https://www.bloomberg.com/news/2012-11-09/obama-s-victory-creates-new-chance-to-mold-u-s-supreme-court.html Obama’s Victory Creates New Chance to Mold U.S. Supreme Court] {{Webarchive|url=https://web.archive.org/web/20140314181810/http://www.bloomberg.com/news/2012-11-09/obama-s-victory-creates-new-chance-to-mold-u-s-supreme-court.html |date=March 14, 2014 }}, Bloomberg L.P. (9 November 2012).
• Johnnie B. Rawlinson (born 1952)Howard Anglin, [http://www.amconmag.com/article/2008/jun/02/00023/ Judge Not: Obama’s Supreme Court appointees would not upset the balance of the bench.] {{Webarchive|url=https://web.archive.org/web/20090506001838/http://www.amconmag.com/article/2008/jun/02/00023/ |date=May 6, 2009 }}, The American Conservative (June 2, 2008).[https://www.foxnews.com/politics/raw-data-potential-female-supreme-court-nominees/ RAW DATA: Potential Female Supreme Court Nominees], Fox News, (May 22, 2009).
• Sidney R. Thomas (born 1953)Bill Mears, [http://www.cnn.com/2010/POLITICS/04/12/scotus.justice.names/ Names added to Supreme Court short list] {{Webarchive|url=https://web.archive.org/web/20100417013511/http://www.cnn.com/2010/POLITICS/04/12/scotus.justice.names/ |date=April 17, 2010 }}, CNN (April 12, 2010).{{cite web |url=http://www.law.com/jsp/article.jsp?id=1202457682267 |title=Source: Potential High Court Nominee Thomas Would Fit Obama Narrative |publisher=The Recorder / Law.com |access-date=May 5, 2010 |archive-date=December 6, 2010 |archive-url=https://web.archive.org/web/20101206010247/http://www.law.com/jsp/article.jsp?id=1202457682267 |url-status=live }}
• Kim McLane Wardlaw (born 1954)Jess Bravin, [https://www.wsj.com/articles/SB122333844642409819?mod=googlenews_wsj Barack Obama: The Present Is Prologue] {{Webarchive|url=https://web.archive.org/web/20180617065816/https://www.wsj.com/articles/SB122333844642409819?mod=googlenews_wsj |date=June 17, 2018 }}, The Wall Street Journal (October 7, 2008).Manu Raju, [http://www.politico.com/news/stories/0509/22421.html Feinstein pushes two Hispanic judges] {{Webarchive|url=https://web.archive.org/web/20090515152059/http://www.politico.com/news/stories/0509/22421.html |date=May 15, 2009 }}, Politico (May 12, 2009).
• Paul J. Watford (born 1967){{cite web|last=Millhiser|first=Ian|title=Ten Potential Democratic Supreme Court Nominees Who Aren't Named 'Sri Srinivasan'|url=http://thinkprogress.org/JUSTICE/2013/05/23/2044771/TEN-POTENTIAL-DEMOCRATIC-SUPREME-COURT-NOMINEES-WHO-ARENT-NAMED-SRI-SRINIVASAN/|work=ThinkProgress|access-date=21 February 2014|archive-date=May 13, 2014|archive-url=https://web.archive.org/web/20140513063713/http://thinkprogress.org/justice/2013/05/23/2044771/ten-potential-democratic-supreme-court-nominees-who-arent-named-sri-srinivasan/|url-status=live}}Jess Bravin, [https://www.wsj.com/articles/SB10001424127887324073504578105252699224578 Win Offers President Time to Shape Court] {{Webarchive|url=https://web.archive.org/web/20180719024605/https://www.wsj.com/articles/SB10001424127887324073504578105252699224578 |date=July 19, 2018 }}, The Wall Street Journal (November 8, 2012).
• Court of Appeals for the 11th Circuit
• Adalberto Jordan (born 1961){{cite news|last1=Savage|first1=Charlie|title=Potential Nominees Obama May Consider to Fill Antonin Scalia's Seat|url=https://www.nytimes.com/2016/02/15/us/politics/potential-nominees-obama-may-consider-to-fill-antonin-scalias-seat.html|access-date=15 February 2016|work=The New York Times|date=14 February 2016|archive-date=February 16, 2017|archive-url=https://web.archive.org/web/20170216041456/https://www.nytimes.com/2016/02/15/us/politics/potential-nominees-obama-may-consider-to-fill-antonin-scalias-seat.html|url-status=live}}{{cite news|last1=Goldstein|first1=Tom|title=Continued thoughts on the next nominee (and impressions of Judge Ketanji Brown Jackson)|url=http://www.scotusblog.com/2016/02/continued-thoughts-on-the-next-nominee-and-impressions-of-judge-ketanji-brown-jackson/|access-date=17 February 2016|publisher=SCOTUSblog|date=16 February 2016|archive-date=February 17, 2016|archive-url=https://web.archive.org/web/20160217094919/http://www.scotusblog.com/2016/02/continued-thoughts-on-the-next-nominee-and-impressions-of-judge-ketanji-brown-jackson/|url-status=live}}

• Ketanji Brown Jackson (born 1970) – district judge, United States District Court for the District of Columbia (subsequently nominated by Joe Biden and confirmed in 2022){{cite news|last1=Tillman|first1=Zoe|title=Source: D.C. Judge Ketanji Brown Jackson Vetted for Scalia Seat|url=http://www.nationallawjournal.com/id=1202750846454/Source-DC-Judge-Ketanji-Brown-Jackson-Vetted-for-Scalia-Seat?cmp=share_twitter&slreturn=20160127164546|access-date=27 February 2016|publisher=SCOTUSblog|date=26 February 2016}}
• Christine Arguello (born 1955) – district judge, United States District Court for the District of Colorado[http://cbs4denver.com/local/Judge.Approached.Supreme.2.1012912.html Judge In Colo Approached For Supreme Court Vacancy] {{webarchive|url=https://web.archive.org/web/20090522153436/http://cbs4denver.com/local/Judge.Approached.Supreme.2.1012912.html |date=May 22, 2009 }}, CBS4 Denver (May 18, 2009).
• Rubén Castillo (born 1954) – former district judge, United States District Court for the Northern District of Illinois
• Diane Humetewa (born 1964) – district judge, United States District Court for the District of Arizona{{cite web | url=http://www.azcentral.com/story/news/politics/azdc/2016/02/18/advocate-arizona-judge-perfect-supreme-court-nominee/80560008/ | title=Advocate: Arizona judge perfect Supreme Court nominee | publisher=The Arizona Republic | date=February 18, 2016 | access-date=February 20, 2016 | author=Theobald, William V.}}

• Mariano-Florentino Cuéllar (born 1972) – associate justice, Supreme Court of CaliforniaCamila Domonoske, [https://www.npr.org/sections/thetwo-way/2016/02/14/466725863/who-are-the-possible-candidates-to-fill-scalias-seat Who Are The Possible Candidates To Fill Scalia's Seat?] {{Webarchive|url=https://web.archive.org/web/20180405034821/https://www.npr.org/sections/thetwo-way/2016/02/14/466725863/who-are-the-possible-candidates-to-fill-scalias-seat |date=April 5, 2018 }}, NPR (February 14, 2015).{{cite web|title = The GOP's Worst Nightmare SCOTUS Nominee|url = http://www.thedailybeast.com/articles/2016/02/15/the-gop-s-worst-nightmare-scotus-nominee.html|website = The Daily Beast|date = 2016-02-15|access-date = 2016-02-18|first = Michael|last = Tomasky|archive-date = February 18, 2016|archive-url = https://web.archive.org/web/20160218052410/http://www.thedailybeast.com/articles/2016/02/15/the-gop-s-worst-nightmare-scotus-nominee.html|url-status = live}}{{cite web|title = Who President Obama May Nominate To The Supreme Court|url = https://www.huffingtonpost.com/entry/supreme-court-scalia-short-list_us_56c08efee4b0c3c55051bc77|website = The Huffington Post|access-date = 2016-02-18|last = Bobic|first = Igor|date = February 14, 2016|archive-date = February 8, 2017|archive-url = https://web.archive.org/web/20170208052546/http://www.huffingtonpost.com/entry/supreme-court-scalia-short-list_us_56c08efee4b0c3c55051bc77|url-status = live}}{{cite web|title = Analysis: Scalia's Life and Death, And Its Impact on Latinos|url = https://www.nbcnews.com/news/latino/analysis-scalias-life-death-its-impact-latinos-n518961|website = NBC News|access-date = 2016-02-18|last = Reyes|first = Raul A.| date=February 15, 2016 |archive-date = August 14, 2019|archive-url = https://web.archive.org/web/20190814035104/https://www.nbcnews.com/news/latino/analysis-scalias-life-death-its-impact-latinos-n518961|url-status = live}}{{cite web|title = Will Obama Look West to California For Supreme Court Nominee?|url = https://www.nbcnews.com/news/us-news/will-obama-look-west-california-supreme-court-nominee-n519776|website = NBC News|access-date = 2016-02-18|last = Carmon|first = Irin| date=February 17, 2016 |archive-date = June 16, 2021|archive-url = https://web.archive.org/web/20210616121317/https://www.nbcnews.com/news/us-news/will-obama-look-west-california-supreme-court-nominee-n519776|url-status = live}}{{Cite news|title = The Supreme Choice|url = http://www.slate.com/articles/news_and_politics/politics/2016/02/president_obama_s_nine_options_for_picking_the_next_supreme_court_justice.html|newspaper = Slate|date = 2016-02-17|access-date = 2016-02-18|issn = 1091-2339|language = en-US|first = William|last = Saletan|author-link = William Saletan|archive-date = February 18, 2016|archive-url = https://web.archive.org/web/20160218062419/http://www.slate.com/articles/news_and_politics/politics/2016/02/president_obama_s_nine_options_for_picking_the_next_supreme_court_justice.html|url-status = live}}
• Goodwin Liu (born 1970) – associate justice, Supreme Court of California[https://www.nytimes.com/2010/03/28/opinion/28sun3.html An Exceptional Nominee] {{Webarchive|url=https://web.archive.org/web/20180103193541/http://www.nytimes.com/2010/03/28/opinion/28sun3.html |date=January 3, 2018 }}, The New York Times (March 27, 2010).
• Carlos R. Moreno (born 1948) – former United States ambassador to Belize, former associate justice, Supreme Court of California; former judge, United States District Court for the Central District of California
• Leah Ward Sears (born 1955) – former chief justice, Georgia Supreme CourtBill Rankin, [http://www.ajc.com/services/content/metro/stories/2008/10/29/sears.html Chief Justice Sears to exit next year] {{Webarchive|url=https://web.archive.org/web/20090506081422/http://www.ajc.com/services/content/metro/stories/2008/10/29/sears.html |date=May 6, 2009 }}, Atlanta Journal-Constitution, (October 29, 2008).

• Hillary Clinton (born 1947) – 67th Secretary of State; former Senator from New York, First Lady and Chair of the Legal Services CorporationAndrew Cohen, [https://www.cbsnews.com/news/obama-the-supreme-court-and-doj/ Obama, The Supreme Court And DOJ], CBS News (November 5, 2008).
• Elena Kagan (born 1960) – 45th Solicitor General; former dean of Harvard Law SchoolJoan Biskupic, [https://www.usatoday.com/news/washington/judicial/2008-12-22-court_N.htm Timing and luck crucial for seat on high court] {{Webarchive|url=https://web.archive.org/web/20090506145436/http://www.usatoday.com/news/washington/judicial/2008-12-22-court_N.htm |date=May 6, 2009 }}, USA Today (December 22, 2008). (nominated and confirmed)
• Harold Hongju Koh (born 1954) – former Legal Adviser of the Department of State; former dean of Yale Law School
• Loretta Lynch (born 1959) – 83rd United States Attorney General
• Janet Napolitano (born 1957) – president of the University of California; 3rd Secretary of Homeland Security; former Governor of Arizona; former Arizona Attorney General; former United States attorney for the District of Arizona
• Kathryn Ruemmler (born 1971) – former White House Counsel; former principal associate deputy attorney general{{cite web|last=Goldstein|first=Tom|title=The Court in second Obama term|date=February 14, 2012|url=http://www.scotusblog.com/2012/02/the-court-in-a-second-obama-term/|publisher=ScotusBlog|access-date=8 March 2013|archive-date=February 28, 2013|archive-url=https://web.archive.org/web/20130228010554/http://www.scotusblog.com/2012/02/the-court-in-a-second-obama-term/|url-status=live}}{{cite news|last=Mears|first=Bill|title=Supreme Court possibilities if Obama is reelected|url=http://www.cnn.com/2012/09/30/politics/court-obama-list|access-date=8 March 2013|newspaper=CNN|date=1 October 2012|archive-date=April 6, 2013|archive-url=https://web.archive.org/web/20130406061623/http://www.cnn.com/2012/09/30/politics/court-obama-list|url-status=live}}
• Ken Salazar (born 1955) – 50th Secretary of the Interior; former Senator from Colorado; former Colorado Attorney GeneralMichael Riley, [http://www.denverpost.com/ci_12438685 Salazar: A Supreme suggestion] {{Webarchive|url=https://web.archive.org/web/20090527072529/http://www.denverpost.com/ci_12438685 |date=May 27, 2009 }}, The Denver Post, (May 24, 2009).
• Cass Sunstein (born 1954) – former administrator of the Office of Information and Regulatory Affairs

• Cory Booker (born 1969) – Senator from New Jersey; former Mayor of Newark, New Jersey{{Cite web |date=2016-02-15 |title=Who's on President Obama's Shortlist to Replace Scalia? |url=https://www.nbcnews.com/politics/supreme-court/who-s-president-obama-s-shortlist-replacement-n518711 |access-date=2024-03-27 |website=NBC News |language=en}}{{cite web|url=https://www.foxnews.com/politics/obama-sets-out-wish-list-for-supreme-court-nominee-in-blog-post|title=Obama sets out wish list for Supreme Court nominee in blog post|work=Fox News|date=February 24, 2016|access-date=February 24, 2016|archive-date=February 24, 2016|archive-url=https://web.archive.org/web/20160224171705/http://www.foxnews.com/politics/2016/02/24/obama-sets-out-wish-list-for-supreme-court-nominee-in-blog-post.html|url-status=live}}
• Amy Klobuchar (born 1960) – Senator from Minnesota; former county attorney for Hennepin County, MinnesotaAdriel Bettelheim, [https://news.yahoo.com/s/cq/20090501/pl_cq_politics/politics3108534 Supreme Court: Obama Faces Decision With Lasting Impact], CQ Politics, Yahoo News (May 1, 2009).Tom Curry, [https://www.nbcnews.com/id/wbna30603525 Practical politico, and woman, sought for court], NBC News (May 7, 2009).
• Claire McCaskill (born 1953) – Senator from Missouri; former State Auditor of Missouri; former county prosecutor for Jackson County, Missouri; former member of the Missouri House of Representatives

• Jennifer Granholm (born 1959) – 47th Governor of Michigan; former Michigan Attorney General; former assistant United States attorneyBrian Dickerson, [http://www.freep.com/article/20081110/COL04/81110073/1008/news06 Justice Granholm? It's possible under Obama], The Detroit Free Press (November 11, 2008).
• Deval Patrick (born 1956) – 71st Governor of Massachusetts; former assistant attorney general for the Civil Rights DivisionLiz Halloran, [https://www.usnews.com/articles/news/politics/2008/11/11/obama-victory-ends-gop-hopes-for-a-much-more-conservative-supreme-court.html Obama Victory Ends GOP Hopes for a Much More Conservative Supreme Court] {{Webarchive|url=https://web.archive.org/web/20090922203912/http://www.usnews.com/articles/news/politics/2008/11/11/obama-victory-ends-gop-hopes-for-a-much-more-conservative-supreme-court.html |date=September 22, 2009 }}, U.S. News & World Report (November 11, 2008).
• Brian Sandoval (born 1963) – 29th Governor of Nevada; former district judge, United States District Court for the District of Nevada; former Nevada Attorney General{{cite news|last1=Liptak|first1=Kevin|last2=Raju|first2=Manu|date=February 24, 2016|title=Obama offers Supreme Court hints; top Democrat suggests Republican governor|publisher=CNN|url=http://www.cnn.com/2016/02/24/politics/obama-supreme-court-nominee/index.html|access-date=February 24, 2016|archive-date=February 24, 2016|archive-url=https://web.archive.org/web/20160224144957/http://www.cnn.com/2016/02/24/politics/obama-supreme-court-nominee/index.html|url-status=live}}{{cite news|last1=Raju|first1=Manu|last2=Barrett|first2=Ted|last3=Walsh|first3=Deirdre|date=February 24, 2016|title=Democrat Harry Reid backs Republican for Supreme Court|publisher=CNN|url=http://www.cnn.com/2016/02/24/politics/harry-reid-brian-sandoval-supreme-court/index.html|access-date=February 24, 2016|archive-date=February 24, 2016|archive-url=https://web.archive.org/web/20160224191229/http://www.cnn.com/2016/02/24/politics/harry-reid-brian-sandoval-supreme-court/index.html|url-status=live}}

• Kamala Harris (born 1964) – former California Attorney General (would later become a U.S. senator from California in 2017 and Vice President of the United States in 2021[http://www.wbur.org/npr/164916287/odds-in-favor-of-a-new-supreme-court-justice-in-obamas-second-term] {{Webarchive|url=https://web.archive.org/web/20140224043118/http://www.wbur.org/npr/164916287/odds-in-favor-of-a-new-supreme-court-justice-in-obamas-second-term|date=February 24, 2014}}, NPR (November 11, 2012).)

• Caitlin Halligan (born 1966) – Former judicial nominee for the United States Court of Appeals for the District of Columbia Circuit; former Solicitor General of New York (would later become a Judge on the New York Court of Appeals)Nina Totenberg, [https://www.npr.org/templates/story/story.php?storyId=104222039&ft=1&f=1003 Supreme Court Choices You Haven't Heard Of] {{Webarchive|url=https://web.archive.org/web/20170130214205/http://www.npr.org/templates/story/story.php?storyId=104222039&ft=1&f=1003 |date=January 30, 2017 }}, NPR (May 17, 2009).
• Seth P. Waxman (born 1951) – partner with WilmerHale; former Solicitor General

• Pamela S. Karlan (born 1959) – professor, Stanford Law SchoolDahlia Lithwick, [http://www.newsweek.com/id/193533 Women: Truly The Fairer Sex] {{Webarchive|url=https://web.archive.org/web/20090414105619/http://www.newsweek.com/id/193533 |date=April 14, 2009 }}, Newsweek (April 11, 2009).
• Kathleen Sullivan (born 1955) – professor and former dean, Stanford Law School; partner with Quinn Emanuel
• Joanne A. Epps (born 1951) - professor, dean, Temple University Beasley School of Law (would later become Temple University 13th President in 2023).{{cite web | url=https://president.temple.edu/president-joanne-epps | title=President JoAnne A. Epps }}

• United States federal judge
• Judicial appointment history for United States federal courts

{{Notelist}}

{{Reflist}}

{{U.S. Presidents and the Judiciary}}

{{Barack Obama}}

{{DEFAULTSORT:Obama, Barack, Supreme Court Candidates}}

Supreme Court candidates

Category:United States Supreme Court candidates by president