Sandoval ends long-shot Supreme Court bid before it starts

To be honest, I thought Gov. Brian Sandoval was an odd choice for nomination to the U.S. Supreme Court from the very start.

Even under the most normal of circumstances, Sandoval could be a hard sell to some members of a Republican-controlled Senate. He's pro-choice. He approved of ending Nevada's fight to keep its anti-gay marriage provision in the state constitution. He established a state insurance exchange under the Affordable Care Act and expanded Medicaid in the state. He advocated hard for a commerce tax on business revenue, the first such levy in Nevada's 151-year history. And he's shown a willingness to work collaboratively with the Interior Department on managing Nevada's public lands, rather than simply demanding they be turned over to the state.

Why, he's downright moderate!

Then there's the fact that Sandoval — a former Nevada attorney general — has no real experience as an appellate judge. (Every currently serving U.S. Supreme Court justice has at least some appellate court experience save for Elena Kagan, who was dean of the Harvard Law School.)

Put it all together, and it makes for a great media narrative, or maybe a "West Wing" script, but not a realistic scenario.

But these are not normal times. The death of Justice Antonin Scalia has revealed a Republican majority which has declared it will not approve — or even meet with! — a nominee of President Barack Obama, no matter who it may be. This disgraceful, oath-betraying bunch includes Senate Majority Leader Mitch McConnell, R-Ky., Judiciary Committee Chairman Charles Grassley, R-Iowa, and Judiciary Committee members including Orrin Hatch, R-Utah, Jeff Sessions, R-Ala. and John Cornyn, R-Texas. In fact, according to the New York Times, 31 of the 54 currently serving Republican senators oppose an Obama nomination, including presidential candidates Ted Cruz of Texas and Marco Rubio of Florida.

So when The Washington Post first reported Wednesday that Sandoval was definitely being considered for the job, it became clear a game was afoot. Really, Republicans? You won't approve ANY Obama nominee? Not even a popular governor of your own party who happens to be Latino?

It wasn't clear if Sandoval's name softened anyone's stance. After all, if Republicans cared about attracting Latinos to the party, they'd probably not be voting for the guy who said Mexico was sending us rapists and drug dealers.

Sandoval was smart enough to see what was happening, and even the longest of long shots at the dream job of a lifetime wasn't enough to keep him playing as the shuttlecock in a badminton game between Obama and the Senate majority.

"Earlier today, I notified the White House that I do not wish to be considered at this time for possible nomination to the Supreme Court of the United States," Sandoval said in a statement. "The notion of being considered for a seat on the highest court in the land is beyond humbling and I am incredibly grateful to have been mentioned."

But while Obama is nowhere in his Senate standoff, Sandoval still has a bright future on the bench, if he wants one. He's earned a reputation for fairness and collegiality, and for a thoughtful, deliberative approach to issues. His judicial and attorney general experience commends him for a seat on the appellate bench, and Obama or his successor should consider Sandoval for the next 9th Circuit Court of Appeals spot that becomes open.

And after that? Mr. Justice Sandoval has a nice ring to it.

— Steve Sebelius is a Review-Journal political columnist and co-host of the show "PoliticsNOW," airing at 5:30 p.m. Sundays on 8NewsNow. Follow him on Twitter (@SteveSebelius) or reach him at 702-387-5276 or SSebelius@reviewjournal.com.