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(SCOTUS) On Your Garza (Ginsburg Is Very Sick, May Retire After November)
The American Spectator ^ | 7/5/2005 | The Prowler

Posted on 07/04/2005 9:20:24 PM PDT by GOPGuide

[SNIP]

On Friday, with the announced retirement of Sandra Day O'Connor from the Supreme Court, It took a few minutes for the news to set in on Capitol Hill, among Republicans and Democrats alike. After all, even the White House in briefing Republican leadership on the Hill spoke in the belief that it would be Chief Justice William Rehnquist who is retiring.

"The White House seemed to be expecting Rehnquist first, that was what my boss was getting briefed on," says a staffer for a Senator sitting on the Judiciary Committee. "We were told Rehnquist in July, possibly later this year."

Rumors are already swirling about a possible third retirement after November. The most likely would be Justice Ruth Bader Ginsburg, who according to former Supreme Court clerks may be in poorer health than Justice Rehnquist.

"That's the seat for [Albert] Gonzales, that third seat if it opens up," says Department of Justice staffer. "All of this depends on how the first nomination goes, but the assumption here is that this is not the time for Gonzales."

As of this writing federal Judge Emilio Garza is the frontrunner to replace O'Conner. There are several indicators, which may all be red herrings, but that is half the fun.

First, Texas Sen. John Cornyn met with the President, as well as Chief of Staff Andrew Card and several members of the White House Counsel office early Friday. Up on Capitol Hill, rumors were quickly swirling that Cornyn had been offered the Supreme Court nomination. Those rumors were fueled when his senior staff essentially went underground for several hours.

But later in the day, Cornyn was making television appearances to discuss the nominations process, as well as placing an op-ed about the process.

Cornyn is now believed to be the President's point person in the Senate to help measure the level of support for potential nominees. "He's the President's 'consultation' guy," says a Senate leadership source. "That's how we're proceeding. If he is the nominee, we will be surprised again. But that's nothing new with this White House."

Cornyn and Garza know each other from their days in Texas and other legal circles.

Another indicator of Garza's status is that several senior Republican staffers on the Judiciary Committee have begun poring over court rulings from the period of 1987 through 1990, a period when Garza served as a U.S. district judge before his elevation to the 5th Circuit Court of Appeals.

That research, though, could just as well apply to Judge Edith Hollan Jones, who has been sitting on the Fifth Circuit since 1985. Jones was considered for possible Supreme Court nominations by President George H.W. Bush.


TOPICS: Front Page News; News/Current Events; Politics/Elections
KEYWORDS: appointment; bush; conservatism; conservatives; garza; ginsburb; gonzales; justice; liberals; nuclearoption; rats; republican; retirement; rumors; ruthbaderginsburg; scotus; supremecourt
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I don't believe that Ginsburg's seat would be Gonzales, since the Conservative activists will still be opposed to Gonzales especially if they can take Ginsburg's seat and put in a strong Conservative to polish off a Thomas, Scalia, Luttig, Garza 5-4 Conservative Court.

Also Bush will be under pressure to leave at least one woman on SCOTUS since replacing Ginsburg with a man will leave a 9-0 man dominated court.

If Ginsburg goes look for Edith Jones and Janice Rogers Brown.

1 posted on 07/04/2005 9:20:26 PM PDT by GOPGuide
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To: Iron Eagle; Founding Father

*Ping*


2 posted on 07/04/2005 9:21:46 PM PDT by GOPGuide
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To: Txsleuth; Howlin; Mo1

If she really is headed out...well...

Don't let the door hit her where.....well, ya know.


3 posted on 07/04/2005 9:24:14 PM PDT by ArmyBratproud (McCain, you'll never be President.)
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To: GOPGuide

No freakin' way is that harridan retiring until she can be replaced by a lib. I don't buy it. This is a floating balloon to make the libs think if they shoot their wad on O'Connor they'll have lost the SCOTUS for good and conservatives think they still have a shot if the Prez appoints a squishy moderate.

There is no way that fans of original intent are going to be happy with mushy sorta-right wing appointees. Not gonna happen. We won't get fooled again.

Yeah, that's right, Rove, I'm on to you. 8^)


4 posted on 07/04/2005 9:27:03 PM PDT by LibertarianInExile ("Property must be secured or liberty cannot exist." -- John Adams. "F that." -- SCOTUS, in Kelo.)
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To: GOPGuide
Ginsburg's departure would strike a serious blow to the Left. I believe the Liberal groups would suggest that Souter and Stevens pull off a "Weekend at Bernie's" by propping her up in her seat on the Bench until a Democrat is in the White House :-)
5 posted on 07/04/2005 9:27:39 PM PDT by MJY1288 (Whenever a Liberal is Speaking on the Senate Floor, Al-Jazeera Breaks in and Covers it LIVE)
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To: ArmyBratproud

if only i could kick the door close as she was walking out.(smiles)


6 posted on 07/04/2005 9:27:50 PM PDT by postaldave (dont ask me, i'm just a simple post birth, tissue mass.)
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To: GOPGuide
Keep in mind *another* option, though it's the Dark Horse: President Bush doesn't have to nominate *anyone* to replace retiring liberals...he certainly doesn't have to nominate them prior to 2007 (when our larger Senate majority will be seated).

Oh sure, he'll replace O'Connor and Rehnquist, but he technically *could* shrink the SCOTUS for a year or two when a liberal retires.

It's just an *option* mind you, but a Conservative Majority on SCOTUS can be accomplished in more than one way...in fact, in a way that bypasses the Senate entirely by simply shrinking the Court for a couple of years.

7 posted on 07/04/2005 9:30:51 PM PDT by Southack (Media Bias means that Castro won't be punished for Cuban war crimes against Black Angolans in Africa)
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To: GOPGuide
"If Ginsburg goes look for Edith Jones and Janice Rogers Brown. "

Janice Rogers Brown might just replace Sandra O'Connor.

8 posted on 07/04/2005 9:31:48 PM PDT by de Buillion (Abortion kills more Democrats than Republicans, More Liberals than Conservatives!)
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To: ArmyBratproud
The most likely would be Justice Ruth Bader Ginsburg, who according to former Supreme Court clerks may be in poorer health than Justice Rehnquist.

If she is in worse health then Rehnquist .. then she will retire before November

9 posted on 07/04/2005 9:31:57 PM PDT by Mo1 (We will stay in the fight until the fight is won ~~~ President G.W. Bush)
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To: Mo1

On most issues, I think Rehnquist is a fine Justice. But if Ginsburg retires... boy we'll start sealing that SCOTUS.

I'm sure she'll try to hold out as long as she can, at least until Bush's term is over.


10 posted on 07/04/2005 9:34:38 PM PDT by USAfearsnobody (S.C.O.T.U.S. -------- Supreme Court Out of Touch with United States)
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To: Southack

no he names bork and let them fillibuster and then find someone more conservative and let them fillibuster and then even more conservative than that and let them fillibuster (oh in an ideal world)


11 posted on 07/04/2005 9:35:04 PM PDT by JohnLongIsland
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To: GOPGuide; MeekOneGOP; BellStar
President Bush could pull a sneak play and appoint Sen. Cornyn to the Supreme Court. Cornyn was a TX Supreme Court judge before running for Senator.

If he did, this would bust open a new Senator slot in Texas. That would interject some energy in a rather dull 2005 primary and general election in Texas.

It would be hard for the Democrats to turn down a fellow Senator for confirmation, and Sen. Cornyn is as conservative as they come.

If Ginsburg retires also, then this could become a lock on conservative SCOTUS. This will have the liberals in cold sweats all Summer long. :)
12 posted on 07/04/2005 9:35:52 PM PDT by anymouse
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To: Southack

"a Conservative Majority on SCOTUS can be accomplished in more than one way...in fact, in a way that bypasses the Senate entirely by simply shrinking the Court for a couple of years."

[salivating at the idea]

Shrink the Court AND shrink the Court's liberals?

[wipes drool from chin]

What a great idea. As long as we can get the next one to resign without the Sandy "f-you clause," you know, the one that says "I'll serve until you replace me." That battleaxe...I hope she lives to 200 and hates every minute of being out of power.


13 posted on 07/04/2005 9:35:54 PM PDT by LibertarianInExile ("Property must be secured or liberty cannot exist." -- John Adams. "F that." -- SCOTUS, in Kelo.)
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To: LibertarianInExile

You're absolutely right. The dems would try to find a look-a-like before they let Ginsburg retire at least until '08 is decided.


14 posted on 07/04/2005 9:36:01 PM PDT by aynrandfreak (When can we stop pretending that the Left doesn't by and large hate America?)
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To: LibertarianInExile

"harridan" - LOL!

I have always thought of her as a shrew or crone, but harridan works ju-u-u-ust fine.

I thought her liver was conking out a few years back. Seems that was the scuttlebut in the 2000 cycle. Oh well, she's just skin, bones and hate now so I don't suppose she'll fatten up before she buys the farm. Being thin and small will be a plus in hell - she'll handle the heat better.


15 posted on 07/04/2005 9:36:08 PM PDT by WorkingClassFilth (NEW and IMPROVED: Now with 100% more Tyrannical Tendencies and Dictator Envy!)
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To: Southack

I will jump for joy the day Ginsburg retires.


16 posted on 07/04/2005 9:36:15 PM PDT by republican2005
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To: GOPGuide
You make an excellent point. While Bush should not feel obligated to replace every woman with another woman (i,e, O'Connor), a different logic applies when Ginsburg goes. As you say, the Court should not be left vacant of any women.

Therefore, the delicious choice would be Janice Rogers Brown. She will have only a half year on the D.C. Circuit Court (because the Democrats held her out for two years). But that will be enough. So, I wager that Brown will be the appointment to replace Ginsburg when G goes. How terrific will that be? LOL.

Congressman Billybob

Latest column: "Replace Justice O'Connor -- But Which One?"

17 posted on 07/04/2005 9:38:04 PM PDT by Congressman Billybob (Will President Bush appoint a Justice who obeys the Constitution? I give 65-35 odds on yes.)
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To: GOPGuide
It is unbelievable that the White House was caught off guard by O'Connor's announcement. Rehnquist has maintained for years he wants to be the longest serving Chief Justice and needs several years to reach that goal. Plus, he is getting stronger every day, is a widower with nothing else to do and is deeply in love with the robe. It's been clear for months that O'Connor was going.

I would love to see Garza replace O'Connor and Brown fill the next opening (although if it is the CJ position, there is a part of me that would like to see Thomas get it and Brown take his spot).

I personally do not think Ginsburg or Stevens will leave the USSC alive (although Stevens is a Rockefeller republican, which come to think about it, is what Bush is).
18 posted on 07/04/2005 9:38:39 PM PDT by Founding Father ( Republicans control the Oval Office, Senate and House, but still can't govern.)
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To: Southack
Sort of a reverse Roosevelt, you are saying.

I think the only reason not to appoint is if he can't get the appointments through. Otherwise, get our folks in there as soon as possible.

He needs to appoint at least one, maybe 2 women. A female Chief Justice would we a good idea, but take them where we can get them, Bush has been very good at appointing "minorities" to high positions, expect the trend to continue. Getting Ginsberg out of there and replacing her with a strong conservative would be too good to be true.

I also think that there is no way Ginsberg would go to let a conservative be appointed unless she had to go.

19 posted on 07/04/2005 9:38:41 PM PDT by Fido969 ("The story is true" - Dan Rather)
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To: Southack

LOL, it's a clever idea. these Justices will usually resign after a new nominee is confirmed, so either that or we'll have to deal with a dead body in the court room :(.


20 posted on 07/04/2005 9:38:50 PM PDT by USAfearsnobody (S.C.O.T.U.S. -- Supreme Court Out of Touch with United States)
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