O'connor and the 2005 Term

Sanford Levinson SLevinson at law.utexas.edu
Thu Oct 27 08:28:41 PDT 2005

Isn't it clear that relative chaos will be the result if a new J. Is confirmed. To take office in mid-term.  Shouldn't W take a deep breath and announce, right now, that he will wait until, say, March 1 to announce the new appointment, which will, among other things, give him time to get some new advisors amd engage in genuine consultation and vetting?  I presume that the Democrats will (and) should announce plans to filibuster if W immediately panders to those (including several people on this list) who were disturbed that she wasn't conservative enough.  (Certainly no Democrat thinking of running for the presidency should collaborate in such an effort.  As for the nuclear option, bring it on, with an ethically compromised "Dr. Frist and senators like Trent Lott very mucj in need of Democratic votes for the vast redistrution of taxpayer dollars from the blue states to the victims of Katrina.)

In case it's necessary to say, I take no pleasure in Ms. Meirs withdrawal, especially given recent disclosures that suggest that she is indeed capable of thinking for herself.  One can always learn the intricacies of constitutional law, including faux-"three part tests" and the infamous "levels of scrutiny.". What can't be learned is decency and judgment, which I suspect she has more of than some of the people on Bush's presumptive short list.  RIP Harriett Meirs.

- Sanford Levinson
(Sent from a Blackberry)
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