FW: O'Connor reportedly retires - PS

Douglas Laycock DLaycock at law.utexas.edu
Fri Jul 1 09:21:44 PDT 2005


	But that was in an election year, and a year in which the Dems
were at high risk of losing control of the White House.  That made it
look much more suspicious.  It implied that if he didn't like the new
Republican President, he might withdraw the resignation.


Douglas Laycock
University of Texas Law School
727 E. Dean Keeton St.
Austin, TX  78705
   512-232-1341 (phone)
   512-471-6988 (fax)

-----Original Message-----
From: conlawprof-bounces at lists.ucla.edu
[mailto:conlawprof-bounces at lists.ucla.edu] On Behalf Of Douglas Laycock
Sent: Friday, July 01, 2005 11:15 AM
To: Michael Zimmer; Marty Lederman
Cc: conlawprof at lists.ucla.edu; conlawprof-bounces at lists.ucla.edu
Subject: RE: O'Connor reportedly retires

My dim recollection is that Earl Warren tried it and it backfired
politically. 


Douglas Laycock
University of Texas Law School
727 E. Dean Keeton St.
Austin, TX  78705
   512-232-1341 (phone)
   512-471-6988 (fax)

-----Original Message-----
From: conlawprof-bounces at lists.ucla.edu
[mailto:conlawprof-bounces at lists.ucla.edu] On Behalf Of Michael Zimmer
Sent: Friday, July 01, 2005 10:14 AM
To: Marty Lederman
Cc: conlawprof-bounces at lists.ucla.edu; conlawprof at lists.ucla.edu
Subject: Re: O'Connor reportedly retires

By trying to make her resignation only effective upon the confirmation
of her successor, O'Connor appears to be trying to keep a Court of 9
even if the replacement process is protacted.  Has this been done
before?  Has she really resigned so that the nomination and confirmation
can proceed?  What if she doesn't like who the process produces and
refuses to resign?

Michael J. Zimmer
Professor of Law
Seton Hall Law School
One Newark Center
Newark, NJ 07102
973.642.8833
973.642.8194 fax


 

             "Marty Lederman"

             <marty.lederman at c

             omcast.net>
To 
             Sent by:                  <conlawprof at lists.ucla.edu>,

             conlawprof-bounce         "Trevor Morrison"

             s at lists.ucla.edu
<trevor-morrison at postoffice.law.cor 
                                       nell.edu>

 
cc 
             07/01/05 09:45 AM         conlawprof at lists.ucla.edu

 
Subject 
                                       Re: O'Connor reportedly retires

 

 

 

 

 

 





The text of Justice Sandra Day O'Connor's letter of resignation:


      ''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.''


 ----- Original Message -----
 From: Trevor Morrison
 To: conlawprof at lists.ucla.edu
 Cc: conlawprof at lists.ucla.edu
 Sent: Friday, July 01, 2005 10:43 AM
 Subject: O'Connor reportedly retires

 For those who haven't seen it yet, multiple news sources are reporting
that Justice O'Connor has announced her retirement.


 Trevor W. Morrison
 Assistant Professor of Law
 Cornell Law School
 116 Myron Taylor Hall
 Ithaca, NY 14853
 607-255-9023





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