O'connor and the 2005 Term

[Paul Finkelman]

Justice Stone was not a bad addition to the Court; le's see if Bush 
beats that standard/

Stephen L. Wasby wrote:

> Earl's parting shot ("singular ineptitude") causes me to call to your 
> attention (or remind you)
> of John Massaro's book, Supremely Political (SUNY Press), which 
> introduces the factor
> of "presidential mismanagement" as an element in confirmation (vel 
> non) of justices.  It doesn't
> include the last several nominations, but has something valuable to say.
>    Steve Wasby
>
> ----- Original Message ----- From: "Earl Maltz" 
> <emaltz at camden.rutgers.edu>
> To: "Sanford Levinson" <SLevinson at law.utexas.edu>
> Cc: <conlawprof at lists.ucla.edu>
> Sent: Thursday, October 27, 2005 1:09 PM
> Subject: Re: O'connor and the 2005 Term
>
>
>> Waiting for March 1 creates a variety of political problems.  One of 
>> the problems is that Bush has created a situation in which he may 
>> very need at least two more nominations to fill the seat.  The first 
>> would satisfy his conservative base, but then by killed by a long 
>> filibuster by the Democrats.  The second might then be an Edith 
>> Clement type,  who (like Anthony Kennedy) would be accepted by both 
>> sides out of pure exhaustion. The problem is that, assuming a long 
>> filibuster of the first nomination, if he began on March 1, Bush 
>> might not have time for a second nomination prior to the November 
>> elections, in which the Democrats might well retake the Senate.
>>
>> This administration clearly wins the Warren G. Harding-Calvin 
>> Coolidge award for singular ineptitude.
>>
>> At 11:41 AM 10/27/2005 -0500, Sandy 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)
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>>
>>
>> _______________________________________________
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>
> _______________________________________________
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>
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-- 
Paul Finkelman
Chapman Distinguished Professor of Law
University of Tulsa College of Law
3120 East 4th Place
Tulsa, OK   74104-3189

918-631-3706 (office)
918-631-2194 (fax)

paul-finkelman at utulsa.edu