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Monday, July 04, 2005 

Greatest Hits of SCOTUS Nomination Coverage

Thus far, these are some of the best posts, articles, primal screams concerning the vacancy.

Ann Althouse's summary of the current situation.

Todd Zywicki's post featuring shoulda-been-Justice Bork's comments.

Orin Kerr on the real impact of the retirement.

SCOTUS on the unanswered Rehnquist question.

Powerline's "Then and Now" about how the Clinton nominations were handled.

Short but to the point from the Corner.

Anyone who is nominated is going to be fought hard. That old drunk Kennedy said that there would be a huge fight if the president nominated anyone out of the mainstream. I have a good idea what Kennedy thinks the mainstream is. No one nominated will fit into that category. No one. Even if Bush nominates someone like Mike McConnell, who is widely respected as one of the top Constitutional scholars of the time, he's going to be fought.

Here's my read of things thus far. Rehnquist has one more term at the most. He may yet retire this summer, depending on how the confirmation goes. Stevens can't make it to 2008 before retiring. His age will catch up with him by then. That's three nominations. Start off strong with O'Connor's replacement. Pick a solid conservative with great credentials and public appeal. By public appeal, I mean "looks nice on TV." Bork got torpedoed easily because he came off as a cranky guy with a weird beard. I'd go with Mike McConnell. He will have a parade of people ready to testify on his behalf, his credentials are amazing, and is a decent guy. Then when Rehnquist steps down, I'd definitely go outside of the Court for a new Chief. As much as I would love to have Justice Thomas as Chief, that would be another huge battle. I would go with John Roberts. Even with his scant judicial record, I think he is more predictable than McConnell and therefore a better Chief. We don't need any more Earl Warrens. When Stevens steps down, I would nominate a woman. There is still this affirmative action inspired idea that there must be a certain amount of women or racial minorities on the Court. I'd rather have the best people for the job, regardless of sex or skin color. I would go with Edith Jones. She might have confirmation trouble though, being a strong conservative woman. My back up would be Diane Sykes. Yes, home state bias to the max.

Steve's Court as of November 2008 is: CJ Roberts, Scalia, Kennedy, Souter, Thomas, Ginsburg, Breyer, McConnell, and Jones. Strong 5 majority of conservatives, Kennedy would probably become much more liberal than he is now, but still a damn fine panel if I do say so myself. I bet I only get one of my choices right too.

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