Whither Rehnquist?
By Erick Posted in The Courts — Comments (10) / Email this page » / Leave a comment »
Want to know the confusing part of all of this? I have top notch sources who tell me these things:
- The White House acted confused upon notice from Sandra Day O'Connor.
- Key Senators have been told recently to expect Chief Justice Rehnquist to resign.
- My best source tells me the list had been prepped for Chief Justice.
- I have multiple sources who tell me that CJOTUS and POTUS talked about his retirement and "it was a done deal."
- While writing the above my phone rang. Let's say I have more solid info that Senators were told it would be Rehnquist.
There is some mystery here. Will CJOTUS resign too? Some are already saying yes. My sources all think so. This slow news summer may just be about to go nuclear.
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Whither Rehnquist? 10 Comments (0 topical, 10 editorial, 0 hidden) Post a comment »
If Rehnquist resigns on Tuesday, Bush can really have some fun with this:
Appoint Garza to fill Rehnquist's seat. Then, appoint Luttig or Roberts as O'Connor's replacement. The same non-white-male ratio is maintained on the Court, with Bush appointing the first Hispanic CJOTUS.
FDR once said that the way to hide the truth was to surround it with lies.
Good move on Rove's part. Sorry if some senators got their feelings hurt. If the inner circle included all Republican senators, the inner circle would soon be "every man, woman, and child in the digitally-connected world."
Maybe I'm not thinking very clearly. BUT, if I was a Democrat... maybe I would kind of want ANOTHER justice to retire on top of Rehnquist if he does-- a liberal.
Now, ideally for them Stevens and Ginsburg last until 2009 AND Democrats win the 2008 Presidential election. But that's a lot of ifs.
If, say, Ginsburg retired, there would be 3 simultaneous vacancies. Senate Democrats could then try to bargain in such a way as to keep the Court as close to the status quo as possible.
Probably wouldn't make a difference but it would open up a lot of options for everyone involved, which has to benefit Democrats, seeing as in terms of real power they're lacking.
The specter (ha) of Rehnquist's retirement makes Democratic strategy hard. If the President nominates AGAG, then they might be better off to let him sail through.
THAT way, when Rehnquist steps down, they can filibuster a conservative, wile pointing to AJAG as proof that they're only using it in "extraordinary" circumstances!
That scenario is their best hope of actually shifting the court a little to the left, or at least keeping it from going to the right, so hopefully Bush keeps AGAG in his pocket for some possible future opening (possibly Ginsburg or Stevens).
Appoint Garza to fill this vacancy.
Then, when Rhenquist retires, move Thomas up to Chief Justice, and nominate Viet Dinh to be the new associate justice. :)
And when Ginsburg retires, go with Edith Brown Clement. Should Stevens retire, Priscilla Owen.
A while ago (year or two?) there were several nominees' hearings combined and rushed through. I cannot recall what positions, and what magnitude, but there was some carping from the democrats, but the process succeeded.
If additional announcements come, has the white house set up a similar dual hearings process, and if so, what advantages/disadvantages could this hold?
If separate, but simultaneous, how would this play out? I see a media circus, and a great deflection of coverage of the war effort, let alone Aruban developments/shark attacks/etc...
All in all, don't the republicans gain the initial advantage by setting the stage, and managing the order of events?
I think any stalling/delaying/filibustering would leave residual bad effects for the democrats into 2006, even if all is done by this fall.
As analyzed elsewhere in RS, the GOP 2006 platform is setting up a pretty thorough record with war issues/court actions/CAFTA, and if they can get any SS reform votes into the mix, they at least avoid the "do nothing" tag, and can run against obstructionist democrats.
The 2008/2009 scenario for the democrats is simply too far away for any use.
White House spokesman Steve Schmidt was just on an RNC conference call with key supporters. He dismissed talk that the White House was somehow surprised by today's announcement of a resignation, or that it was by O'Connor, saying they had been prepared since Day One of the Administration.
The main message, one I appreciated: Elevate the discourse. Let's do honor to O'Connor's contribution. "What we want to do right now is avoid joining the vitriol."
He noted that NARAL had already sent out the first attack release.
No announcements until Tuesday, at the earliest.
I know people want to be PC and all, but why not just appoint the best possible justice(subliminal message on)Michael Luttig(subliminal message off). If Bush feels he has to appoint a woman, than I would go with Janice Rogers Brown :)
... I seriously doubt that he would be so generous to the left side of the aisle as to give them one of their choice to keep the "staus quo." I suspect that given the chance GWB would appoint NINE conservative justices :-)
Given the way the Dems have treated him I doubt he is in a very generous, 'collegial' mode with the Dems.

thanks for the update.