SCOTUS: Short List

Posted 1 CommentPosted in Supreme Court

Flap previously reported a shortlist of possible appointees to the Supreme Court: U.S. Supreme Court: Short List Begins

Judge Michael W. McConnell on the 10th U.S. Circuit Court of Appeals

Judge Edith Hollan Jones, who practiced law in Texas and now sits on the 5th U.S. Circuit Court of Appeals in New Orleans.

Samuel Alito, a 3rd U.S. Circuit judge from Philadelphia.

J. Michael Luttig of the 4th Circuit Court of Appeals, considered one of the most conservative judges on the federal bench.

J. Harvie Wilkinson III, also on the 4th Circuit, who is considered more moderate than Judge Luttig but could be opposed by liberals over his opposition of affirmative action.

Emilio Garza of the 5th Circuit, who would give Mr. Bush the chance to name the first Hispanic justice, but whose conservative views on abortion could prompt liberal outcry.

Some additonal considerations:

John Roberts, a judge on the U.S. Court of Appeals for the D.C. Circuit (appointed 2003).

Alberto Gonzales, Attorney General of the United States.

Edith Brown Clement, U. S. Court of Appeals for the Fifth Circuit.

The President has an outstanding pool of candidates.

Flap handicaps Luttig, McConnell and Roberts as the likely nominees for this first appoinment.

Sandra Day O’Connor: Retiring from the Supreme Court of the United States

Posted Posted in Supreme Court

Associate Justice Sandra Day O’Connor has announced her retirement from the United States Supreme Court upon nomination and confirmation of her successor.

Justice Sandra Day O’Connor, the first woman appointed to the Supreme Court and a key swing vote on issues such as abortion and the death penalty, said Friday she is retiring.

O’Connor, 75, said she expects to leave before the start of the court’s next term in October, or whenever the Senate confirms her successor. There was no immediate word from the White House on who might be nominated to replace O’Connor.

It’s been 11 years since the last opening on the court, one of the longest uninterrupted stretches in history. O’Connor’s decision gives Bush his first opportunity to appoint a justice.

“This is to inform you of my decision to retire from my position as an associate justice of the Supreme Court of the United States, effective upon the nomination and confirmation of my successor. It has been a great privilege indeed to have served as a member of the court for 24 terms. I will leave it with enormous respect for the integrity of the court and its role under our constitutional structure.”

Flap’s original handicap and prediction is here and here.

Stay Tuned!

SCOTUS: Last Day of Term Part 2

Posted Posted in Supreme Court

With today’s decisions:


Ten Commandments times 2

And last week’s decision:

Kelo v. City of New London (04-108)

Flaps says BLEH!

Statist decisions by an OLD and Worn Out Court.

SCOTUS needs new blood and NEW Law.

Flap continues to handicap at least two vacancies on the court.

The Court now is formally out of session until October 3, and the new Term opening. The Justices will meet in private Conference on Monday, September 26, to vote on grant or denial of new cases that have arrived over the summer recess.

Hat Tip: SCOTUS Blog

Update #1

No more rumors about who the President will appoint to the court.

After a good nights sleep, we will all know.


Supreme Court of the United States: Last Day of Term

Posted Posted in Supreme Court

The United States Supreme Court ends its term today with decisions on major cases and anticipated retirements of one or more justices.

Michelle Malkin has an excellent round-up here, THE SUPREME COURT SIZZLES

Hot day ahead for the Supreme Court as it ends its term; hands down some highly anticipated rulings (including a Ten Commandments case and the Cooper/Miller confidential sources appeal); and prepares for a likely resignation.

Hugh Hewitt and Bill Kristol had dueling predictions last week. Hugh sez Rehnquist; Kristol sez O’Connor. We’ll know soon enough. Steve at Southern Appeal was an early betting man on successors; he’s going with Michael McConnell.

Tons of stories speculating on successors to Rehnquist.

Heavy lobbying campaigns already under way on both sides.

Washington Post’s Monday morning edition reports:

The White House gathered key political operatives at a strategy meeting Friday to prepare for a possible Supreme Court vacancy that officials believe could occur this week, leading to the first high court confirmation battle in a decade, according to Republicans informed about the session.

The meeting, hosted by White House Chief of Staff Andrew H. Card Jr., his deputy Karl Rove and counsel Harriet Miers, was called to ensure that President Bush’s supporters are ready for the high-stakes, high-intensity, high-dollar campaign that would follow a nomination. But some participants later told associates that they were not sure if any justice would retire.


Red State hears:

Sources close to the White House are telling Red State that they do expect a Supreme Court vacancy in the next ten days — as soon as tomorrow is possible, but within the next ten days seems most likely.

Robert Novak sez: No, not Gonzales!

Flap is off to drill this morning but his handicap is here.

For additional links, Michelle obliges:

Court-watching blogs to bookmark:

The Supreme Court Nomination Blog and SCOTUS blog

Bench Memos

How Appealing

Southern Appeal

Supreme Court Watch: O’Connor to Step Down?

Posted Posted in Federal Judiciary, Supreme Court

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.