“‘I’m not sure where people get judgment,’ Professor Powe said in an interview on Wednesday. ‘I’m quite sure it doesn’t come from the law school context. But really good politicians have it. They know how far they can go, and when they have reached a good stopping point.'” As the Senate’s moderate “Gang of 14” looks to navigate the rocky shoals ahead, the NYT‘s Linda Greenhouse makes the case for a return to the longstanding tradition of non-judge justices.
Category: Dubya’s New Justices
Goring Alberto.
“As lawyer for the governor in the Texas Statehouse from 1994 to 1997, Gonzales was responsible for advising Bush about whether he should delay the death sentences of capital murderers…As my colleague Phillip Carter has written, Gonzales’ work on this life-or-death task ‘would have barely earned a passing grade in law school.'” Slate‘s Emily Bazelon argues that rabid right-wingers are correct on one account: Alberto Gonzales would make a lousy Supreme Court justice.
Courtside.
As Washington waits for word from Rehnquist, Senate Dems sit by the phone, and the Left arms for a Last Battle of sorts, Judiciary Committee Chairman Arlen Specter muddies the waters by suggesting that the new Chief Justice be…Sandra Day O’Connor?
Double Down Dubya.
Can Dubya have his cake and eat it too? Crossfire correspondent and Douchebag of Liberty Robert Novak hints that Rehnquist will also leave the Court this week. As the article suggests, this may be good news for the Dems, as it seems unlikely that Dubya will be able force through two hard-core right-wingers in a row, even with Fred Thompson at the helm…or at least one hopes. Update: The terrain shifts for twin appointments.
S9 > G8.
As Dubya heads off to G8 (although not before pushing back on Gonzales), Washington DC continues to gird for the Supreme Court fight ahead, with Senators of both parties airing their respective views on questioning candidates, the Post previewing the fall 2005 Supreme slate, and everyone else trying to guess Dubya’s probable pick. Of course, even a hardline conservative may not decide as Dubya intended…although that’ll be small consolation for the Dems should one get through.
Ever Watchful.
“Concealed within his fortress, the Lord of Mordor sees all. His gaze pierces cloud, shadow, earth and flesh. You know of what I speak, Gandalf — a Great Eye, lidless, wreathed in flame.”. (Via Supercres.)
(And, while I’m quoting our fallen friend, Saruman of Many Colors: “The hour is later than you think. Sauron’s forces are already moving. The Nine have left Minas Morgul…they crossed the river Potomac on Midsummer’s Eve, disguised as judges in black.“)
Endgame?
Here’s an independence day nightmare: “With the Supreme Court vacancy left by the retirement of Justice Sandra Day O’Connor, the conservative movement has within its grasp the prize it has sought for more than 40 years: the control of all levers of the federal government.“
Yes, the right-wing fundies’ time is now, which is why they are already trying to spike Alberto Gonzales as too moderate and imploring Dubya to pick the “right” kind of conservative. Meanwhile, as the two parties gear for battle (despite talk to the contrary) and Dems reconsider the filibuster, Senate Judiciary Chair Arlen Specter contemplates his own legacy, which, if past behavior is any indication, likely means rolling over on command.
Big Doings.
It’s on…Justice Sandra Day O’Connor announces her retirement. “Because she is a moderate, her departure gives President Bush a major opportunity to alter the direction of the court if he so chooses.” Round 1 looks to begin July 8. (Possible contenders.)
Buyer’s Remorse.
“Frist called her “a superb judge” who applies the law ‘without bias, without favor, with an even hand.’ Sen. Lindsey O. Graham (R-S.C.), one of the 14 negotiators, called Brown “an extremely talented and qualified judge” who will ‘advance the cause of conservative judicial philosophy.'” As Janice Rogers Brown moves through the Senate, some Dems and left-leaning groups start rethinking the benefits of last month’s nuclear compromise.
Nuclear Rearmament.
Eager to put the lie to the recent nuclear compromise, Dubya readies a slew of judicial nominations for the Senate, and you can bet dollars to donuts that they’re not going to be moderates. “‘There’s about 20 waiting in the wings,’ a Senate Republican official said.“