Monday, May 19, 2003

The Judge Fights - You Ain't Seen Nothing Yet


Newsday -- Two Supremes To Retire This Summer?

Well-informed court observers say that there could be two Supreme Court resignations next month, Chief Justice William H. Rehnquist and Associate Justice Sandra Day O'Connor, bringing the greatest upheaval on the court in 32 years.

While Rehnquist's retirement would not necessarily change the court's voting patterns if he is replaced with another conservative, O'Connor has been a sometimes swing vote whose replacement could make the court more predictably conservative.

It would probably take at least one more retirement, however, to overturn the Roe v. Wade abortion decision.

No matter what the lineup, Democrats and Republicans in Washington take it for granted that given the opportunity, Bush will nominate the first Hispanic to the Supreme Court, appealing to what former acting Solicitor General Walter Dellinger called "the greatest up-for-grab group in American politics."

Driving the speculation that Rehnquist, 78, will retire is an unusual courtesy call Rehnquist made to the White House on Dec. 20, ostensibly to make a pitch for a raise for judges. Because confirmation battles are particularly intense in an election year, and Bush will not necessarily be re-elected, a loyal Republican such as Rehnquist, and perhaps O'Connor, would probably choose this year to go.

On Thursday morning, [likely nominee] Gonzales asked the leaders of the minority national bar associations in a meeting with them if they would support the president's nominee should a vacancy occur, said Duane Bradshaw, president of the National Hispanic Bar Association.

The bar leaders responded that it depended on the nominee. Gonzales ducked questions about his own candidacy.

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