[pabianice]

This is too easy to predict. The Dems will never, EVER allow Bush to replace her with someone fair-minded. Her seat will go unfilled until a recess appointment in 2007. Until then, an eight justice, 4-4 court will fail to overturn most cases brought before it. As more justices retire, the court will become one of recess-appointed justices (unless the Senate gets 60 reliable Repubs).

[Houmatt]

And you may be right. The RATS will filibuster like mad if Bush even thinks about appointing someone like Thomas and Scalia.

Someone suggested Ted Olsen. Another, Bork. Both good suggestions. Let's see who Bush will select.

He had better not, however, pick someone with appeasing the RATS in mind.

I've had enough of an out of control Supreme Court.

[Jeff Chandler]

It's all up to McCain. He runs the senate.

[David]

"The Dems will never, EVER allow Bush to replace her with someone fair-minded. Her seat will go unfilled until a recess appointment in 2007. Until then, an eight justice, 4-4 court will fail to overturn most cases brought before it. As more justices retire, the court will become one of recess-appointed justices (unless the Senate gets 60 reliable Repubs)."

I think you may well be correct--that Mrs. O'Connor comes first makes this course of action more likely. Had Rheinquist been first, Bush would have received more or less of a pass and might have succeeded in appointing a real constitutional jurist.

But O'Connor is a swing vote--if Bush gets a real justice in her place, it changes the balance on the court. The Dems will fight to avoid that result.

I further think that Bush had determined to replace her with Gonzales and make the argument that Gonzales was of about the same politics. I don't think Gonzales gets confirmed either--the dems won't take him because of his position as a mouthpiece for the administration's handling of enemy prisoners; at least a few Republicans would join them because Gonzales is another liberal.

The equation may now be further disrupted if Rheinquist resigns before a substitute for O'Connor is designated. At that point, a bad series of events for the administration. About all you can hope for is that Ginsberg is off the court in the near term; hopefully followed by Stevens.

Maybe the gravity of the dispute in the Senate will get enough attention from the electorate that people will understand what is really at stake here--we are losing the Constitution as a guaranty of liberty; electing Dems is the way to assure the trend continues. Maybe affects the outcome of the next election. Does Congress simply shut the country down because they won't conduct a vote on her successor?