O'connor and the 2005 Term
jca at stanford.edu
Thu Oct 27 10:41:03 PDT 2005
There is the question of Justice O'Connor's personal situation. Her
husband's health is not likely to put itself on hold for a year.
At 11:41 AM 10/27/2005 -0500, Sanford Levinson wrote:
>I believe that both were succeeding dead justices, Black and Harlan (or,
>if still living, too debilitated to serve). And, though I'm ready to and
>corrected, I don't think that H or B had participated in any cases. What
>will happen, e.g., if SDO provides the 5th vote in the Oregon case. Will
>the SC majority try to rush it out? Will a dissenter develop a slow pen
>or broken computer. Will casesBe dismissed as improvidently granted
>because the newcomer would not have provided SDO's 4th vote?
>I stand by my previous posting. It's time for a cooling off period.
>- Sanford Levinson
>(Sent from a Blackberry)
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Janet Cooper Alexander
Frederick I. Richman Professor of Law
Stanford Law School
Stanford CA 94301-8610
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