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

Friday, February 03, 2006

Bush's Legacy?

Is it possible that Stevens will retire within the next year? He is 85 and if he does, expect the Roberts and Alito nominations to be child's play. Here is an interesting article exploring this possibility.

One interesting aspect of the article is the Stephens (the most liberal on the court) actually wants a Republican to pick his replacement...interesting...I just don't know how true it is. Hat tip to Confirm Them...

If Bush is able to actually get another Conservative on to the Court, he three picks that shift the Court back onto its Constitutional moorings could be one of his most enduring legacies...

Next Court Pick: Mother of All Battles
Jason Barnes and Jim MeyersThursday, Feb. 2, 2006


Speculation is that Justice John Paul Stevens, the court's most liberal member, will retire in the near future, possibly as soon as this year.

The appointment of a conservative replacement would definitely push the court solidly to the right – and likely touch off a furious fight from Democrats.

An analysis published in the Wall Street Journal found that conservative Justices Antonin Scalia and Clarence Thomas agreed on court decisions 92.4 percent of the time. Stevens agreed with Scalia-Thomas on those 787 cases only 55.2 percent of the time, the lowest percentage of any justice. The score marks Stevens as more liberal than former ACLU counsel Ruth Bader Ginsburg.

As presently constituted, the Supreme Court is balanced, with four liberals (Ginsburg, Stevens, David Souter and Stephen Breyer) and four conservatives (Scalia, Thomas, Alito and Chief Justice John Roberts).

Anthony Kennedy defies a label, and thus becomes the swing vote on many issues.


Stevens has not made any formal announcement regarding his retirement, nor is he known to be in poor health. But he is 85 years old, and rumor has it that he hopes to have his replacement named by a Republican president.

"The buzz in Washington is that Stevens was appointed by a Republican president and he considers himself one that plans to retire under a Republican president," Gary Marx, executive director of the conservative Judicial Confirmation Network, told NewsMax.

"After seeing the type of highly qualified nominees that the president has chosen in Roberts and Alito, I would think that would give him a lot of confidence that the president's not just picking ideologues to go up there, but he's picking careful jurists that understand their role as justices."

So Washington insiders say the court's current term could very well be Stevens' last.

Read the rest here...

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