I’m tentatively optimistic because “Juan Non-Volokh” and Orin Kerr from the Volokh Conspiracy seem pleased with the nomination. On the other hand, I’m somewhat disturbed that he represented the states in their anti-Microsoft suit. I’d hope he wouldn’t have represented them if he thought they were engaging in an injustice, but I’m not sure what he thought or how he chose his clients.
What seems really odd, though, is that nobody seems to know what he thinks about major politically-charged legal issues; even people who really know him well. It’s as though he decided long ago that he wanted to be on the Supreme Court and avoided saying anything to anybody that might hurt his chances.
As Gene Healy expressed it:
Great grades, stellar resume, nice posture, nice smile, no doubt a firm handshake. But where he stands on anything is anyone’s guess. What we’ve got here is a guy who, apparently, was genetically engineered and grown in a vat for the sole purpose of getting past the Senate Judiciary Committee.