Federal Judiciary,  Supreme Court

Supreme Court Watch: O’Connor to Step Down?

Bill Kristol of the Weekly Standard speculates that Justice Sandra Day O’Connor will step down next week.

Moroever,Kristol further speculates that President Bush will appoint Attorney General, Alberto Gonzales, to replace her.

(1) There will be a Supreme Court resignation within the next week. But it will be Justice O’Connor, not Chief Justice Rehnquist. There are several tea-leaf-like suggestions that O’Connor may be stepping down, including the fact that she has apparently arranged to spend much more time in Arizona beginning this fall. There are also recent intimations that Chief Justice Rehnquist may not resign. This would be consistent with Justice O’Connor having confided her plan to step down to the chief a while ago. Rehnquist probably believes that it wouldn’t be good for the Court to have two resignations at once, so he would presumably stay on for as long as his health permits, and/or until after Justice O’Connor’s replacement is confirmed.

(2) President Bush will appoint Attorney General Alberto Gonzales to replace O’Connor. Bush certainly wants to put Gonzales on the Supreme Court. Presidents usually find a way to do what they want to do.

Flap handicaps this a definite possibility with no change in the Supreme Court’s Liberal vs. Conservative Balance.

Flap’s original handicap is here.