(SCOTUS) On Your Garza (Ginsburg Is Very Sick, May Retire After November)

The American Spectator ^ | 7/5/2005 | The Prowler

[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.

[streetpreacher]

ROTFL; now that headline I believe.

[Republican Wildcat]

I disagree. If one of the liberals retires, that is where Bush will take the opportunity to put in Gonzales. I have no doubt Bush wants to appoint Gonzales to the Court at some point.

[RobbyS]

Or someone other than Anthony Kennedy, a thin reed.

[Old Landmarks]

Ruth Bader Ginsberg is one of the most bigotted, anti-Christian, anti-Constitution hypocrites that has ever wormed into high office.

Check her record and her world-view, it matches the Communist Manifesto and then takes it up a notch.

Glad you are leaving Ruth, your politics were lethal.

[Flux Capacitor]

----What happens if a SC justice gets incapacitated? Goes on a ventilator or something and cannot function? Is there a process for replacing that justice or do we have to wait for her/him to die? Thanks.----

I'm suddenly reminded of the old "Saturday Night Live" sketch in which Steve Martin is a doctor advising the parents who want to remove their terminal vegetable of a son (John Belushi) from life-support that legally, he can't pull the plug, but that accidents do happen. ("OH NO! My LEG is tangled in the cord!" "Okay, Doctor, uh, here.... let me get your foot out.... "Yeah! Maybe you could just PULL on it!")

-Dan

[uscabjd]

Get a grip. Gonzales is so much more conservative than ginzberg. If a third or fourth seat opens, look for Gonzales. Also, the Ginsberb seat may also go to Sen Lieberman - also more conservative than Ginsberg. Let's lay off Gonzales - if he is W's friend, how lib can he be?

[nickcarraway]

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.

You mean we could have Jones on the Court, instead of Souter? Shows you how important it is to pick the right person.

[Colorado Doug]

I would just be glad to see her go. Anyone would be better. Say, in the meantime, I wonder if her house would make a nice site for a hotel.

[alessandrofiaschi]

She lives under a bridge.

[alessandrofiaschi]

Lieberman? Are you drunk? He he a Stevens-Souter in waiting.

[longtermmemmory]

The ACLU would push into overdrive coniption fits. Remember Ginsberg was lead counsel for the communist founded organization.

[streetpreacher]

Time to round up the FRinos and put them on trains...

[streetpreacher]

Sorry, I don't know what came over me; must have been having a Pat Buchanan moment.

[JLS]

I did just notice that Gonzales is 49, while Garza is 58. I must say Gonzales being 49 is an attractive trait to me.

I just read a thumbnail discussion of his pros and cons. I think the complaints about him are that he is possibly pro-affirmative action and not pro-life. I wonder how well established these are?

His having to recuse himself in War on Terror cases is a very big negative to me. But maybe as the 3rd Bush appointee possible recusing would be less of an issue?

[Graymatter]

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..."

Like Dick Cheney was the President's "consulatation guy" for potential vice-presidents?

I'm hoping (as are many others here on FR) that it'll be Janice Brown, but GWB does not think like a freeper, does he?

[Flux Capacitor]

Gonzales once referred to the Roe vs. Wade decision as "settled law". Putting aside even his position on abortion itself, if that's the way he sees court decisions then he definitely doesn't belong on the S.C.

-Dan

[alessandrofiaschi]

Gonzales is a Latin Rino. Stop!

[ClaireSolt]

That's what I really love about the dems. They are so cheap! $5 to homeless to vote.

[SAJ]

(g!)

As do the huge majority of folks in all surrounding counties, in either MO or IL.

[JLS]

Gonzales once referred to the Roe vs. Wade decision as "settled law". Putting aside even his position on abortion itself, if that's the way he sees court decisions then he definitely doesn't belong on the S.C.
____________________________________________________

Of course as a presidential advisor, Attorney General or even a Texas Supreme Court Judge, Roe v. Wade was settled law. That is he was in no position to overturn that decision in any of those position and to do his job had to accept the current "settled law."

As you say, if he would not return to the Constitution on issues where the court has strayed from the constitution like the recent "international" death penalty decision or Roe v. Wade or the Enemy Combatant decision, then he does not belong on the SCOTUS. However if he was only talking about the reality of doing his job at the time, then I would want to know more about him.