O'connor and the 2005 Term

[Janet Alexander]

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:
>Content-class: urn:content-classes:message
>Content-Type: multipart/alternative;
>         boundary="----_=_NextPart_001_01C5DB15.4E646939"
>
>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.
>
>Sandy
>- Sanford Levinson
>(Sent from a Blackberry)
>_______________________________________________
>To post, send message to Conlawprof at lists.ucla.edu
>To subscribe, unsubscribe, change options, or get password, see 
>http://lists.ucla.edu/cgi-bin/mailman/listinfo/conlawprof
>
>Please note that messages sent to this large list cannot be viewed as 
>private.  Anyone can subscribe to the list and read messages that are 
>posted; people can read the Web archives; and list members can (rightly or 
>wrongly) forward the messages to others.

Janet Cooper Alexander
Frederick I. Richman Professor of Law
Stanford Law School
Stanford CA 94301-8610
650.723.2892
-------------- next part --------------
An HTML attachment was scrubbed...
URL: http://lists.ucla.edu/cgi-bin/mailman/private/conlawprof/attachments/20051027/c7a7d510/attachment.htm