In what may well turn out to be a nail-biting, down-to-the-wire finale of this election season, some voters have more to hope for from the next president than just reduced taxes and a salvaged social security system. Should Al Gore prevail come tonight, Walter Dellinger, Duke law professor, may receive a nomination to the nation's highest court of law, according to reports from various national news sources.
The lists that have circulated are not Gore's official choices, but are believed to include likely candidates for eventual openings on the Supreme Court.
This is not the first time Dellinger's name has been tossed around as a potential Supreme Court justice. In 1993 he was cited as a possible candidate to replace Justice Byron White.
Though Dellinger himself declined to comment on his prospects, others were eager to express their support for Dellinger as a nominee.
"Walter Dellinger would make a first-rate justice of the Supreme Court," said Katharine Bartlett, dean of the law school. "He is one of the smartest people I know. He is fair-minded, with an excellent ability to grasp both the big picture and the subtle nuance. He holds no extreme positions and believes strongly in the rule of law."
Dellinger's résumé is long and distinguished. He joined the Duke faculty in 1969, and in 1993 he began to teach part-time while advising President Bill Clinton on constitutional issues in areas such as war powers, art funding, national security and the Department of Defense. He also served as assistant attorney general in charge of the office of legal counsel. In 1996 he was appointed solicitor general under Janet Reno.
"Mr. Gore does believe that his appointees would reflect the practices and beliefs of two Supreme Court justices that stand out the most in his history," Venus Watkins, North Carolina State Press Secretary for the Gore/Lieberman Campaign, wrote in an e-mail. Thurgood Marshall and William Brennan are the two justices Gore respects most, she said.
Gore has praised the justices' outstanding legal knowledge and sound judicial temperament, as well as their belief that the Constitution is a living document that should be interpreted to reflect the nation's growth and evolution since its signing.
"I would assume that Vice President Gore, if elected, will be looking for someone who suits him in general political terms and who also has a reputation of being smart, thoughtful and insightful on legal issues," said Richard Fallon, a professor of constitutional law at Harvard University. "They will also have to be sufficiently moderate to survive the confirmation battle [if Republicans maintain control of the Senate]."
Dellinger has more than his moderate politics and Washington experience working in his favor. "In the past few years, he has developed a close relationship with the Gores, the president and the attorney general," said William Van Alstyne, William and Thomas Perkins professor of law at Duke.
These amicable connections may help Dellinger's cause, Fallon said. "I think the president would be eager to appoint someone not only whose jurisprudential philosophy was congenial with his own, but with whom he has a friendly relationship."
Some sources report that Dellinger is also under consideration for the position of attorney general. Van Alstyne has heard mention of the possibility, but thinks that such an appointment would be less likely than a position on the court.
Although Dellinger spends little time teaching at the University these days, a permanent move to Washington would not necessarily prevent him from teaching altogether.
"From the law school's perspective, Dellinger is irreplaceable," Bartlett said. Nonetheless, his promotion into the national spotlight will undoubtedly be good press for the school. "Obviously having a Duke law professor ascend to the Supreme Court would be a feather in our cap," Bartlett said. "Dellinger's Duke connections would surely be a part of his public identity and the association with Duke will add to the law school's reputation and standing."
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