O'connor and the 2005 Term

[Stephen L. Wasby]

O'connor and the 2005 TermI would remind Sandy (and others) that Powell and Rehnquist were seated in February (I don't have the exact date at hand), and "the Republic survived," and in a situation in which the Court was handling far more cases than the measly 75 or so it handles each term now.
    Steve Wasby
  ----- Original Message ----- 
  From: Sanford Levinson 
  To: CONLAWPROF at lists.ucla.edu 
  Sent: Thursday, October 27, 2005 11:28 AM
  Subject: O'connor and the 2005 Term


  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.

  Sandy
  - Sanford Levinson
  (Sent from a Blackberry) 



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