Illness stirs talk of jurist's successor (Bush loses - he still could appo

[tommcintyre]

(Ouch! Even if Bush loses, he could appoint a judge thaat would stay in power until January, 2006. Not good. A lot can happen in a year!)

http://www.philly.com/mld/inquirer/news/nation/10024459.htm

Speculation is rising about Rehnquist, now hospitalized with cancer. Election-year politics add to the mix.

By Gina Holland

Associated Press


Three of the court's conservatives would be good prospects under Bush: Anthony M. Kennedy, Sandra Day O'Connor, and Clarence Thomas. While Thomas would be Bush's preferred candidate, confirmation most likely would be at least as brutal as in 1991, when Thomas was nominated by Bush's father and barely survived accusations of sexual harassment.

…………………………………………………………………………………..
O'Connor and Kennedy could win easy confirmation, but Bush's conservative base could oppose them because of their records on abortion and several other issues. If Bush taps one of them for the top spot, he could have more leeway to name a very conservative justice, such as J. Michael Luttig, a former Scalia clerk who serves on the U.S. Court of Appeals for the Fourth Circuit in Richmond, Va., or Samuel A. Alito, who is on the Third Circuit appeals court in Philadelphia.

…………………………………………………………………………….
Even if Bush loses the election, Kmiec said, he could replace Rehnquist before Kerry's Jan. 20 inauguration, at least temporarily. Bush has used recess appointments, made while Congress is out of session, to get around Senate opposition to some of his judicial selections.

Such an appointment to the high court would last until January 2006.

[lil-petunia]

1. The time to select, vet then get approval from Senate? no way.

I suspect that Rehnquist is on his death bed in another several weeks.
My only hope is that he doesn't do us damage with electoral litigation.

[Bunny]

3. I think he can appoint a Justice during the Congressional recess,

without Senate approval. But as stated above, it would only be in effect until January 2006, and would still need Senate approval to make it a permanent appointment.

At least I think that's how it is.

[MsTryska]

2. Well on the Bright side.....

if rehnquist passes on, the slot to be filled is a slot for another conservative judges, so we wind up not losing any of the liberals, therefore winding up with status quo.



the grand irony is that Pat Robertson and his 700-clubbers were praying for the death of a liberal Supreme soemtime back. God's got a nasty sense of humor, doesn't he?

[Bernardo de La Paz]

10. Do you have a reference for your Robertson claim?

[MsTryska]

11. Sadly no....

I actually heard it on the radio yesterday....Morning Sedition. I can see if there's data for backup.

[htuttle]

12. There was link on DU to a story about it after he said that

It was some time ago, however. Probably over a year back.

[MsTryska]

14. Yeah...it was from when the Supremes

overturned Sodomy Laws.

[MsTryska]

13. Found It! "Operation Supreme Court Freedom"

"Operation Supreme Court Freedom: Praying for the Future of America's Highest Court".

from the CBN Website:

http://www.cbn.com/special/supremecourt/pledgetopray.asp

"Would you join with me and many others in crying out to our Lord to change the Court? If we fast and pray and earnestly seek God’s face, then He will hear our prayer and give us relief.

One justice is 83 years old, another has cancer, and another has a heart condition. Would it not be possible for God to put it in the minds of these three judges that the time has come to retire? With their retirement and the appointment of conservative judges, a massive change in federal jurisprudence can take place.

We can have a court that no longer legislates from the bench the wishes of The New York Times and The Washington Post, but which will earnestly seek to interpret the Constitution as it is written and to give meaning to the centuries of moral standards which have undergirded this wonderful country called the United States of America.

Please join us in prayer to support a massive prayer offensive that we are going to call Operation Supreme Court Freedom."


Altho it appears to be a prayer for their retirement....i'm not so sure that isn't a veiled plea for soemthing else.

[9119495]

4. Mayber I'm optimistic but the country seems to be moving our direction.

If Kerry wins, that would mean we'd have our guy in '06 so a temp appointment could work against republicans.

[still_one]

5. The only thing that matters is to get Kerry in

A large voter turnout we win

If bush did appoint someone to replace Reinquist temporarily it would NOT change the current complexion of the court

[Walt Starr]

6. Delete

Senate must be in session or Bush can do this.

[lil-petunia]

7. Walt, you think there might be some divisiveness post 11/2?

A dead cert, unless even the GOP recognizes how badly served they and our country has been by these neocon crooks.

Even so, I suspect that there will be a hard fight for President Kerry for any judicial nominee.

[htuttle]

8. If he nominates Thomas, he's a fool!

It has since come out that Anita Hill was telling the truth. You see, the attacks on Anita Hill were lead by none other than David Brock, and he came over to our side! Thomas' confirmation hearings could be devastating to the VRWC...

[Hamlette]

9. the party will not let him do it

it would be suicide for the GOP to let him do anything outrageous and appointing a Supreme Court Justice as a recess appointment is outrageous.

If Bush loses, it will be like the downfall of Newt. Remember Newt lost the interim and the GOP ousted him from power. Hopefully he will lose big enough to banish anyone associated with him from the public eye for a long time. Before his fall, Newt was nightly news, hardly see him at all anymore.