Jul 08 2005

Supreme Two-fer

It is no surprise that there will be at least two vacancies on the Supreme Court in Bush’s second term, possibly three. It also made sense for any justices who were going to retire this summer do so before Rehnquist makes his exit so there would be clear indicators of which sitting justices may be in line for the Chief Justice position. It is also not unreasonable to believe the justices have been consulting with the administration on how they would like to see these multiple retirements play out. One indicator that there will be one or more retirement announcements to come is in today’s Washington Post:

A week after Justice Sandra Day O’Connor announced her retirement, the White House and its allies are preparing for the possibility that Chief Justice William H. Rehnquist might soon follow suit, opening up a second vacancy to fill and scrambling the politics of this summer’s brewing nomination battle.

Talk of a possible Rehnquist retirement has reached full boil again as Republican strategists mapped out plans for how to tackle a double nomination. Advisers inside and outside the White House are discussing how to select two potential nominees, how they might match or balance each other and how to sequence their confirmation hearings.

I predicted such a scenario when O’Connor first announced. My only question is will Stevens also announce this summer or not. This must have the liberals just beside themselves. Look at this ridiculous speculation by the Washington Post regarding Bush’s choice:

Twin vacancies would present Bush with an intriguing choice: Does he use the opportunity to appoint two reliable conservatives who would shift the court away from what he sees as improper judicial activism on divisive issues such as abortion, religion in public life and gay rights? Or does he try to balance competing impulses by filling one seat with a conservative who would strictly interpret the Constitution and the other with his friend, Attorney General Alberto R. Gonzales, who is less favored by the right but would be the first Hispanic on the nation’s highest court?

Bush did not become President to simply let historic opportunities slip by with this kind of kindergarten thinking. Bush is going to submit two conservative judges who strictly interprert the constitution and who will resist creating law from the bench. If he selects Gonzales he will do so because he easily fits this description. There are plenty of good candidates to choose from, Besides, why anyone would think Bush should not at least try and get conservative justices through before admitting any kind of defeat is an idiotic notion in itself.

This kind of fantasizing and projection is a clear indication the liberal MSM is just not going to be able to handle this situation with any semblance of professionalism or self control. Which will make it that much easier for Bush to control the debate.

Check out Reid’s mistep on the filibuster deal. The Senate dems are trying to hold their political bluff together, but it looks like a very weak hand:

“As to whether or not there’s a knockdown, drag-out fight on this is up to the president,” Reid said before giving a keynote address at a Reno conference on aging.

“I think we’re headed in the right direction,” he said, stopping short of ruling out a filibuster.

Reid has recommended the president look outside the judicial branch, suggesting Republican Sens. Mel Martinez of Florida, Mike DeWine of Ohio, Mike Crapo of Idaho and Lindsey Graham of South Carolina for the nation’s highest court.

Reid wants to open up more senate races so his party will not have the poor hand they have now in the 2006 Senate election . Anyone think a legislator would be able to resist legislating from the bench??

UPDATE:

Polipundit hears that the Steven’s retirement rumours are hitting fevered pitch

Mark Coffey has been tracking the news that Rehnquist has retired, just not announced. My guess is this would make sense since the timing of these events was most likely coordinated with the justices and the administration. If Stevens is to retire this cycle it would make sense that he should announce before Rehnquist.

Michelle Malkin has more hints of the coming Rehquist resignation.

UPDATE II:

More news here

One response so far

One Response to “Supreme Two-fer”

  1. DNC says Bush nominee must hate fried chicken

    Karl Rove will select the nominee. This Business Will Get Out of Control. It Will Get Out of Control and We’ll be Lucky to Live Through It