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?
Tag: The Supreme Court
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.“)
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.)
It’s not easy being green.
A defeat for medicinal weed is a victory for federal authority under the Interstate Commerce Clause in today’s 6-3 Supreme Court ruling upholding federal laws against marijuana. Wrote John Paul Stevens in the majority opinion, “[t]he Controlled Substances Act is a valid exercise of federal power, even as applied to the troubling facts of this case.” (The losing side consisted of Justices O’Connor, Rehnquist, and Thomas.) This is a tough one. I think prosecutions of sick people seeking medicinal marijuana to alleviate their daily miseries are grotesquely ill-conceived, but, then again, I’m not for rolling back federal power to pre-Civil War levels, either. And, for what it’s worth, “some lawyers who have followed the controversy closely predicted that the ruling, while disappointing, would not bring sweeping changes, since most marijuana prosecutions are undertaken by state and local officials rather than federal authorities.“
Judge Shredd.
“‘To lose a case like this is huge,’ said William B. Mateja, a former official of the Justice Department’s corporate fraud task force. ‘Arthur Andersen was the poster-child case of all the corporate fraud cases.'” The Supreme Court overturns the 2002 conviction of Arthur Andersen LLP, thus facilitating future corporate shredding binges. “More broadly, some lawyers said the court’s decision shows its sympathy for corporate America’s view that companies should be freer to engage in routine document destruction — often under the ironic title of ‘document retention policy.’“
Nuclear Escalation.
Priscilla Owen may be through, but a number of papers note today how Monday’s compromise only sets the stage for an ugly battle over Dubya’s next Supreme Court pick, likely to be a conservative freakshow.
Spin, Spin Sugar.
It’s been Extreme Makeover time lately for the GOP, with Antonin Scalia acting chummy in hopes of landing the Chief Justice spot, Boss DeLay dismissing the recent allegations of incessant boondogglery, Karen Hughes coming out of mothballs to sell the Islamic world on Dubya, and the administration trying to sell the rest of us on pre-packaged news. I’m not buying any of it.
The Executioner’s Song.
“Fighting over the ‘evolving standards of decency’ underlying the Eighth Amendment’s ban on ‘cruel and unusual punishment,’ the 5-to-4 opinions reflect an all-out war between the proponents of a living (or at least medium-rare) Constitution and those who want to see it dead (or perhaps well-done, with a nice pinot).” Slate‘s inimitable Dahlia Lithwick explains the Kennedy-Scalia sniping undergirding the Supreme Court’s very welcome 5-4 decision to ban juvenile executions. To keep things in perspective, the only other nations besides us that have put juveniles to death since 2000 are China, Iran, Pakistan, and the Congo…not exactly what you’d call the Axis of Freedom.