Sunday, July 17, 2005

And the Nominee is...

Now that Justice Rehnquist has laid to rest the rumors of his resignation, most folks figure that President Bush will be naming his nominee to replace Justice Sandra Day O'Connor within a few weeks. Obviously he (and a lot of other people, including me) would like the new Justice in place when the next Supreme Court Session opens in October. Such a nomination also will probably be announced sooner, rather than later, to direct attention away from the frenzy of the Rove-Plame controversy.

As is usual with this Administration, there have been no leaks on who is on the 'short list' for the nomination, although USA Today recently posted a list of likely choices. This list is similar to most of those circulating in the media, and really contains no surprises. All are conservative jurists, which certainly is the President's right. Some are more noxious than others, however, and I'm sure the President knows he will have a fight on his hands if he gets too extreme.

In his regular Saturday radio talk of July 16, the President promised this:

My nominee will be a fair-minded individual who represents the mainstream of American law and American values. The nominee will meet the highest standards of intellect, character, and ability, and will pledge to faithfully interpret the Constitution and laws of our country. Our nation deserves, and I will select, a Supreme Court justice that Americans can be proud of.

He also went on to express his desire that the nomination hearings would be dignified and fair. His statement, touted by some news services as containing hints, is actually the equivalent of white bread and I don't think gave a clue as to whom he intends to nominate.

Justice O'Connor was often the swing vote on such issues as abortion rights and the death penalty. I think it safe to say that Bush's supporters are urging him to keep that fact in mind when selecting his nominee. I also think it safe to say that liberals are also urging Senate Democrats to keep that fact in mind when the nomination is formally presented by the White House.

This nomination (and I think this Administration will realistically have at least one more nomination in the coming year or so) is an important one. For an absolutely superb analysis of just how important, I urge you to read Katha Pollitt's piece on this. Rather than cite snippets of her post, which would break up her sharp and compelling argument, I will allow you the pleasure of reading the whole post.

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