Tuesday, February 22, 2005

SCOTUS specualtion

Because of the seriousness of his illness and the way in which it is interfering with his duties, most of us have come to agree that Chief Justice Rehnquist will step down by the time the Court's term ends this summer. You can say "well, duh" all you want, but Rehnquist is hanging in there at the moment and he's not the type to quit. Still, however, it's becoming almost unavoidable. So, here is a quick shortlist of candidates for the Bench.

Michael McConnell John Roberts J. Harvie Wilkinson III J. Michael Luttig
The Legal Times puts Roberts at the head of that list. According to Salon, Roberts has
"the stealth appeal of Souter with the unwavering ideology of Scalia and Thomas."
That's a scary thought. Roberts is a member of the Federalist Society (that's still better than the John Birch Society, but not near as good as the Millard Fillmore Society) and he worked in the Reagan White House in the counsel's office and he clerked for Rehnquist. That's going to make him way too appealing for some conservatives and I don't like people who "legislate from the bench" they way he might. It's time to get serious about this. The Democratic cacuses need to get together and discuss who we might or might not confirm to the Bench when Rehnquist steps down.


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