DEMBLOGGERS: Has Rehnquist Resigned?

[BigBearJohn]

This story is being reported across the web but there has been no confirmation from anyone in the MSM or the Bush Administration. I will urge caution, since this story has not been confirmed, but my nightmare may be starting right now.

It looks as though Chief Justice William Rehnquist has submitted his resignation to President Bush. In doing so this will bring a battle that many have never seen. Bush has the chance to unite the country but, I expect him to nominate an ultra conservative judge to take the open seat and I expect Scalia to be nominated for the Chief Justice post

SOURCE: http://www.dembloggers.com/

[alittlelark]

1. Retire, or enter hospice?

He is not long for this world.

The battle will tear yet another wound through this nation.

W/enough of these wounds the country will die.

[DemBones DemBones]

3. Both, I'd think. And woe is us. nt

[funflower]

13. I remember when we thought Rehnquist was a raving RW lunatic.

Now he seems downright moderate. Scary. :scared: :scared:

[pokercat999]

19. One more thread that holds the states together.

A few more and we can divide, peacefully I hope, by any means necessary if it has to be. But I think the differences between left and right may be irreconcilable. As the corporations become more powerful and gain control of the political process the people lose their civil rights and the more like Brazil we become the more likely it is that a group of citizens just "get mad as hell and won't take it anymore". When living in corporate america becomes completely intolerable and death is preferable to life as it is......look out, Iraq will look like a vacation spot.

[alphafemale]

2. Given the recess appointment threat of Bolton. (sans oversight)

Can * appoint a Supreme Court Justice during recess without oversight?

Surely not.

[charlie]

4. Yes, he can

It's been done many times before.

[anotherdrew]

6. can they go to recess if no quorum is present to vote to end the session?

[anotherdrew]

5. well, the house and senate don't NEED to be in quorum for some time

one party rule must end, let the revolution for proportional representation start now. 51% is not equal to UNLIMITED POWER

[ngGale]

7. I've see the story on the net, but ...

I remember hearing the MSM saying something about Rehnquist doing well and thought he would be on the bench for awhile. Of course, he would submit his resignation in time for them to start choosing a replacement. Arggg!

[longship]

8. Maybe Scalia, but...

Maybe Thomas.

They'll shamelessly play the race card to get him through.

[Starbucks Anarchist]

9. Dumb question...

but what powers does the Chief Justice have that the rest of SCOTUS doesn't?

[anotherdrew]

10. he decides what cases get heard I think

[Starbucks Anarchist]

11. Thanks.

[secretpoet]

16. that's not correct - it's 4/9.

It takes four justices of the SCOTUS to determine what cases get heard - whether or not the Chief Justice is with matters not.

CJ main thing (at least, what I learned), is that they get to write/appoint who writes the opinions after a case. So, if the CJ is in the Majority, the CJ can choose to write the Majority opinion, or have someone else's be presented as that. Pretty big deal, as the opinions are the things that say exactly what makes their decision constitutional - it's the thing people quote.

I'm pretty sure that's it.

[tritsofme]

17. I thought it was tradition that 4 of 9 choose which cases are heard

But the CJ has the final say.

I don't remember for sure though.

[housewolf]

12. Ken Star said last week...

that Rehnquist has chosen law clerks for next term. (saw it on c-span last Saturday, a discussion he moderated between two 9th circuit judges)

For whatever that means.


While there are rumors flying about from everywhere, it's all still speculation. One that seems the most reasonable to me is that Rehnquist will wait until September to see how his health is at that point. That would be SO much better than having a supreme court nomination fight over the summer.

[aion]

18. Kozinski v. Reinhardt (as moderated by Ken Star)

I saw the two judges go at it, with Star in the middle. Stephen Reinhardt is a wonderful man, with terrific insight. They danced around their own beliefs, so as to make it seem that they hadn't any official 'complete' opinions yet. Unlike Alex Kozinski, Reinhardt explained how the judgements of all judges reduce to value judgements. Kozinski seemed to believe that the law is more of a check-off list of procedures and literal readings of the laws passed.

Reinhardt is ideological, where I saw Kozinski as more practical (albeit with a right-wing bent). Reinhardt prefers more of a 'rule deontological' approach, while Kozinski appears more or less an act deontologist.

Reinhardt explained that Clinton was much less worried about liberal/conservative distinctions in his judicial appointments...indicating, perhaps, that Clinton was more of a Federalist than Bush is. With Bush, there is no chance that anyone might think his appointments were liberal. I think that is rather revealing, in and of itself.

In order for the Supreme Court to maintain its seperateness and equality, they must be insulated from political pressures to resign. I would hate to see it become the norm in our country where longevity is preferred. I suspect that even Bush would have a difficult time telling all the older republican-appointed judges to step down and make way for a younger (and therefore longer-lasting) group.

[tritsofme]

14. Either Thomas or the new justice will be CJ

Scalia is too old.

That's my bet.

[tritsofme]

15. Where are these liberal bloggers

Getting their sources from?

I don't see any RW bloggers or Drudge jumping in the fray, and presumably they would be better connected in the bush whitehouse.