Michael McConnell, a 10th U.S. Circuit Court of Appeals judge, is reportedly on President Bush's short list of candidates.
The University of Utah law school professor is a leading conservative scholar on constitutional issues and enjoys bipartisan support.
For now the judge isn't talking.
Political observers say McConnell has been in the running ever since rumors circulated of conservative Chief Justice William H. Rehnquist's possible retirement, but the stakes are higher now with the surprise resignation of O'Connor.
Hers was a swing vote on critical issues and she was considered a moderate in the latter years of her term. Bush now has an opportunity to swing the high court to the right.
Scott Matheson Jr., the U. law school dean and former Democratic gubernatorial candidate, said O'Connor's resignation has changed the dynamics "quite a bit."
Said Matheson, "I wouldn't be surprised to see some new names surface."
University of Chicago law school professor Cass Sunstein, also a leading constitutional scholar, called McConnell an open thinker. McConnell taught at the school before coming to Utah in 1996.
"He doesn't toe the party line," Sunstein said. "If you're looking for a completely reliable conservative on every issue, McConnell might not be your favorite."
Liberals might praise the judge for opposing President Clinton's impeachment and the 2000 Supreme Court ruling that made Bush president. McConnell was supported by more than 200 liberal law professors who signed a petition supporting his nomination to the federal bench, and has opposed government-sponsored prayer in schools.
Yet the self-described theologically conservative Christian is also known for his opposition to abortion and for helping the Boy Scouts of America fight to exclude homosexuals.
McConnell has supported school vouchers and an end to the rigid separation of church and state that prevailed in the 1970s. That could prove appealing for the Bush administration's goal to funnel more government money to religious social service programs.
McConnell has also said he is a strong supporter of judicial restraint, arguing that Congress and not the courts should be the authority on defining and enforcing civil rights.
Friday, Elliot Mincberg, vice president and general counsel of the liberal think tank People For the American Way Foundation, said concerns over McConnell as a potential nominee have multiplied with the O'Connor vacancy.
"There's no question he's very intelligent and a good lawyer, but his philosophy is very far to the right of Sandra Day O'Connor and in some ways Chief Justice Rehnquist," Mincberg said.
Sen. Orrin Hatch, R-Utah, a former chairman of the Judiciary Committee who pushed to get McConnell on the 10th Circuit, called McConnell "one of the great constitutional scholars in this country . . . He's absolutely brilliant."
Hatch declined, however, to predict whether Bush would nominate McConnell.
---
The Associated Press contributed to this report.


