Supreme Court vacancy could come sooner than expected

[Quetzal]

Supreme Court vacancy could come sooner than expected

WASHINGTON (AP) -- Chief Justice William H. Rehnquist's hospitalization for cancer brings with it the prospect of the first Supreme Court vacancy in a decade and is prompting speculation about who might take his place.

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Moderate judges have been mentioned as likely justices in a John Kerry administration, like Merrick Garland, as well as some with strong civil rights credentials, including David Tatel. Garland and Tatel are appeals court judges in Washington.

Both sides have candidates for the first Hispanic Supreme Court justice. For Kerry, the possibilities are appeals court judges Jose A. Cabranes and Sonia Sotomayor. Bush prospects include White House counsel Alberto Gonzales and Washington lawyer Miguel Estrada, whose earlier nomination to an appeals court was blocked by Senate Democrats.

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Supreme Court vacancy could come sooner than expected

[greekspeak]

1. Wonder which one President Kerry will choose?

Garland, Tatel, Cabranes, or Sotomayor?

[ClassWarrior]

3. Mario Cuomo!

24.

[kskiska]

9. I like Cuomo, too, but we have to choose a young guy

who will be on the bench for years and years to come.

[Lefty48197]

2. Rhenquist will probably resign soon

The tracheotomy is a sign that his cancer is advanced. I can't imagine that he would wait around for Kerry to take office before resigning. He'll probably wait until after the election, just to make sure that Bush actually loses, and then Bush will nominate a replacement for the bench, and also for the Chief Justice position.

[JohnnyCougar]

4. I think the dems can fillibuster away any attempt to do that

There is now way a lame duck Senate is going to appoint a supreme court justice.

[Lefty48197]

6. I think this will force Jr. to nominate moderates to both positions

As much as he would like to nominate Estrada for the bench, and Clarence Thomas for Chief Justice, he too knows that they won't get past the Senate. Keep in mind that we just might take the Senate too. That will be all the more incentive for Bushie to nominate someone that will be approved. He'll probably consider Orrin Hatch for the bench. Maybe Kennedy for CJ?

[AndyTiedye]

11. The Repubs Will Suspend the Rules and Force it Through

It will probably be somebody really awful, like Ashcroft.

[Lefty48197]

12. I forgot about their military option

I guess it's going to be "Chief Justice of the Supreme Court of the United States of America, Clarence Thomas"

[Laelth]

5. I agree.

Win or lose, he'll wait until after the election. Then, some tine before Jan. 20, he'll resign and let Bush make the new nominations. What'll be interesting to see is who Bush will choose. If he's smart (and we have doubts about that), he'll choose a moderate in hopes of actually getting the appointment. If he chooses a fire-brand right-wingnut, there's no way the Senate will confirm if Kerry has been elected.

just my 2 cents ...

-Laelth

[lovuian]

7. Well this could be a crisis because if Supreme Court is needed

to decide another election they will be out a Court Justice which really makes it an ilegal decision!!!

[truthisfreedom]

8. i dunno about that. they can pipe the deliberations/arguments via

closed circuit tv into his hospital room if need be, and he can write out his comments on a notepad and have them read to the court. </sarcasm>

this is just peachy, isn't it?

[MajorFlaw]

10. No. If Rehnquist is unable to participate in a decision, the Court

"decides" anyway. Assuming that this decision splits 4-4 on previous lines, that means that the underlying, appealed decision stands. A majority of the SCOTUS is required to reverse a lower court decision. In other words, in Bush v Gore 2000, without Rehnquist's 5th vote, the decision of the Supreme Court of Florida would have stood and the counting would have continued. If Rehnquist is unable to cast his decisive vote this election cycle, voting, ballot and access issues will effectively be decided by individual state courts. I don't suppose I need point out the significance of this.