Publius2000

"Passion has helped us; but can do so no more. It will in future be our enemy. Reason, cold, calculating, unimpassioned reason, must furnish all the materials for our future support and defence.--Let those materials be moulded into general intelligence, sound morality, and in particular, a reverence for the constitution and laws" --Abraham Lincoln, speaking on "The Perpetuation of Our Political Institutions" Address Before the Young Men's Lyceum of Springfield, Illinois, 1838

Thursday, July 21, 2005

Speculation...

I was pursuaded by the predictions that Bush would nominate a woman for the O'Connor seat (I agreed that Owens was a likely pick) and then John Roberts for the Rehnquist seat. Obviously he has not followed that pattern.

After thinking about it I believe Bush has done the right thing by putting Roberts up now. His credentials make him a very difficult target (although his opponents surely will dig something up to pick a fight about) and I like that Bush is not bowing to this notion that there are "designated seats" on the court for a woman, or an ethnic or racial minority, etc. While the court may not see fit to strike down Affirmative Action at the University of Michigan there is no reason they have to practice it as well.

Anyway, it is possible that Bush is nominating Roberts now because Roberts is someone who is undoubtedly qualified and if there is a big fight over Roberts the Republican majority will certainly get him confirmed. After winning a bloody fight, surely the opponents of a "Trustee Court" will re-double their efforts to stop the next nominee. Thus, perhaps Bush is saving Owens or a female nominee for the Rehnquist seat. The Left will have a very difficult time filibustering the first female Chief Justice ever nominated. We know how Bush likes to make historical nominations (Colin Powell, Condileeza Rice etc.) and he values personall loyalty, so perhaps Owens will be the nominee for the next Cheif. It is all pure specualtion...but it is interesting to try to play chess along with the White House.

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