It Is Official
Yes, we know it is not "official" until it is announced, but Thomas has received confirmation that Chief Justice William Rehnquist will be the first of the Supreme Court justices to step down during the Court’s "off-season". (Where does he come up with these terms?) It was rumored for some time, and many legal scholars and judicial experts were kerfuffled by no announcement from the Court in it’s final day. But many people, like Thomas, warned against a premature jump of the gun. He was quick to remind me that Rehnquist is a top-class poker player, and he was not going to reveal his hand yet.
Regardless of how it is done, the vacancy is only going to heat up the fight over the courts in the Senate. Now, we will see what "extraordinary circumstances" really means, and whether the seven Republicans will side with their party, or their ideological enemies. Of course, much of that answer revolves around those that are named as appointees to fill the vacancy.
But, of course, the first question is "who gets Rehnquist’s seat?". The appropriate person, in OUR opinion should be Scalia. And many people we know—personally—agree with that idea. Not only does it make sense, and is completely logical, but it would be the right thing to do. A new appointee assigned that position could cause division within an already ideologically-divided Court already.
So, you promote a sitting associate justice. Thomas pointed out that Justice Thomas is not interested in holding that seat. He does not want it. With the possibility of O’Connor stepping down, she is out of the running automatically. Justice Kennedy is not enough of a moderate for President Bush’s tastes. So, we are left with Justice Scalia. And that does not mean he is a last resort of any sort. Personally, Thomas and I have him at the top of our lists for prospective Chief Justices.
Ironically, we differ on the second choice. It was alluded to by administration officials that Judges Luttig and Roberts will be the nominees President Bush puts up to seat the vacancy. Thomas believes Luttig will get it, and will pass. I contend that Luttig will be too conservative for the Senate Democrats; that is unless they are asleep at the wheel. I believe Roberts will get the call. He clerked for Rehnquist, and has plenty of experience with the High Court. We will see.
This is going to be a painful period for either judge any way you look at it. The Democrats on the Judiciary Committee are going to grill them so hard, they will think they had a body cavity search with a microscope. "We found that gum you swallowed in 1962!" Ted Kennedy will bellow. Okay, maybe that is a bit extreme.
We know their personal views are going to be thrown in their faces. We know they will be questioned on any issue of contention (abortion, religious rights, gay/lesbian rights, etc.) and it will likely be used against them. What needs to happen is that the Republicans in the Senate need to locate their backbones, and stand up for the president’s nominees. This is the cat-bird seat in the Supreme Court. There can be no caving. There can be no "deal." Give them their vote, or else.
Just because seven Republicans agreed to such a foolish deal does not mean the Constitutional Option is off the board. Three of those seven Republicans (DeWine, Warner, and Collins) have said if they deem the "filibuster" unjust, they will side with Frist, and call for the Option’s execution. If those three switch, it could be possible for them to bring back Graham (I cannot trust Snowe, Chafee, or McCain), and even a Democrat or two (possibly Lieberman and/or Salazar).
Point being is that Stage One was just that. We are going back in with at least two new nominees, on the heels of the retirement of one of the most-renowned jurist the Court has seen. He is a fine judge, an excellent Constitutionalist, and an extremely intelligent man. His place on the Court will be filled, but I doubt his shoes ever will be.
Justice Scalia, despite how much Thomas likes the man, will be close, and his shoes will fill out. But I think that Rehnquist will still be the superior in that mental battle of judicial wits. But gear up; the next couple of months might get bumpy. Stay the course, get the job done. Let us do what we can to reinforce the confidence in both nominees to our elected representatives.
Believe me, they will need it. I think I hear the knees knocking already.
The Bunny ;)
Yes, we know it is not "official" until it is announced, but Thomas has received confirmation that Chief Justice William Rehnquist will be the first of the Supreme Court justices to step down during the Court’s "off-season". (Where does he come up with these terms?) It was rumored for some time, and many legal scholars and judicial experts were kerfuffled by no announcement from the Court in it’s final day. But many people, like Thomas, warned against a premature jump of the gun. He was quick to remind me that Rehnquist is a top-class poker player, and he was not going to reveal his hand yet.
Regardless of how it is done, the vacancy is only going to heat up the fight over the courts in the Senate. Now, we will see what "extraordinary circumstances" really means, and whether the seven Republicans will side with their party, or their ideological enemies. Of course, much of that answer revolves around those that are named as appointees to fill the vacancy.
But, of course, the first question is "who gets Rehnquist’s seat?". The appropriate person, in OUR opinion should be Scalia. And many people we know—personally—agree with that idea. Not only does it make sense, and is completely logical, but it would be the right thing to do. A new appointee assigned that position could cause division within an already ideologically-divided Court already.
So, you promote a sitting associate justice. Thomas pointed out that Justice Thomas is not interested in holding that seat. He does not want it. With the possibility of O’Connor stepping down, she is out of the running automatically. Justice Kennedy is not enough of a moderate for President Bush’s tastes. So, we are left with Justice Scalia. And that does not mean he is a last resort of any sort. Personally, Thomas and I have him at the top of our lists for prospective Chief Justices.
Ironically, we differ on the second choice. It was alluded to by administration officials that Judges Luttig and Roberts will be the nominees President Bush puts up to seat the vacancy. Thomas believes Luttig will get it, and will pass. I contend that Luttig will be too conservative for the Senate Democrats; that is unless they are asleep at the wheel. I believe Roberts will get the call. He clerked for Rehnquist, and has plenty of experience with the High Court. We will see.
This is going to be a painful period for either judge any way you look at it. The Democrats on the Judiciary Committee are going to grill them so hard, they will think they had a body cavity search with a microscope. "We found that gum you swallowed in 1962!" Ted Kennedy will bellow. Okay, maybe that is a bit extreme.
We know their personal views are going to be thrown in their faces. We know they will be questioned on any issue of contention (abortion, religious rights, gay/lesbian rights, etc.) and it will likely be used against them. What needs to happen is that the Republicans in the Senate need to locate their backbones, and stand up for the president’s nominees. This is the cat-bird seat in the Supreme Court. There can be no caving. There can be no "deal." Give them their vote, or else.
Just because seven Republicans agreed to such a foolish deal does not mean the Constitutional Option is off the board. Three of those seven Republicans (DeWine, Warner, and Collins) have said if they deem the "filibuster" unjust, they will side with Frist, and call for the Option’s execution. If those three switch, it could be possible for them to bring back Graham (I cannot trust Snowe, Chafee, or McCain), and even a Democrat or two (possibly Lieberman and/or Salazar).
Point being is that Stage One was just that. We are going back in with at least two new nominees, on the heels of the retirement of one of the most-renowned jurist the Court has seen. He is a fine judge, an excellent Constitutionalist, and an extremely intelligent man. His place on the Court will be filled, but I doubt his shoes ever will be.
Justice Scalia, despite how much Thomas likes the man, will be close, and his shoes will fill out. But I think that Rehnquist will still be the superior in that mental battle of judicial wits. But gear up; the next couple of months might get bumpy. Stay the course, get the job done. Let us do what we can to reinforce the confidence in both nominees to our elected representatives.
Believe me, they will need it. I think I hear the knees knocking already.
The Bunny ;)
posted by Syd And Vaughn | 7:15 PM
8 Comments:
Sorry all,
I forgot to say when he will step down. It is predicted as to be on-or-about July 5th; right after the July 4th weekend.
Marcie
Bunny,
I have little faith in the Senate Republicans when it comes to either one of those potential nominees. Judge Luttig is so conservative he makes John Kerry cry, and Harry Reid gnash his teeth.
Judge Roberts might be looked at as the AntiChrist when he shows up for his hearing. Having been a former law clerk to Rehnquist, he'll be looked at by the Democrats like his head is spinning, and he's vomitting pea soup.
A moderate is not the answer for the president either. There are enough on the Court already. I believe that is why you cited O'Connor and Kennedy. The moderates on the Court--those that feel no shame in participating in, or condoning through concurrence--need to go.
I side with you and Publius; originalists need to be on the Court. The interpretation they engage in is one about OUR Constitution, not the view they believe it shows. Amending it, or any of our laws lies in the purview of the Legislature, not the courts.
Mistress Pundit
I am very sorry. From time to time, my mind moves faster than my fingers. In my previous comment, I stated:
"The moderates on the Court--those that feel no shame in participating in, or condoning through concurrence--need to go."
What I meant was this:
"The moderates on the Court--those that feel no shame in participating in, or condoning through concurrence the act of judicial activism--need to go. "
I am sorry for any misunderstanding I might have caused.
Mistress Pundit
Here's my two cents for what it's worth. (humor). I favor Scalia for a number of obvious reasons. The president's really don't have a very good tract when it comes to nominees. Whomever is nominated, expect a bitter long drawn out fight. I wish someone would explain what is meant by a "moderate" in the political circles or in the judiciary. Rawriter
It makes no strategic sense to nominate Scalia for Chief Justice because it means two confirmation battles, one for Chief Justice and one for the open position. Better to just pick a conservative for the Chief Justice position.
Republicans had better fight and win for conservative judges. If they don't, I'm going to be POed.
Mr. Watson,
The battle over Scalia should not be as bad as many would believe it to be. He passed through the Senate handily his first go-round. The "strategy" involved in such a move is as Rehnquist was an originalist, so is Scalia. It's a push, in effect. You're trading one out for another.
Further, as a lawyer myself who pays close attention to the USSC, it makes more sense to promote an associate justice to the vacancy. Pres. Bush floated this late last year when Thomas was approached. Justice Thomas turned the president down, not wanting to rehash his confirmation battle.
Scalia's battle was nothing compared to Thomas' and I think Scalia can handle the committee better than anyone else. He is on the record as being much like Rehnquist, and many Democrats in the senate may not want to draw the battle lines over Scalia as he is a current, sitting USSC associate justice.
Mistress Pundit
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