Specter Suggests a Chief Justice: O’Connor

outsidethebeltway ^ | 7-11-05 | James Joyner

[Indy Pendance]

Senate Judiciary Committee Chair Arlen Specter floats a rather bizarre selection to replace Chief Justice William Rehnquist if, as expected, he retires this week: Outgoing Associate Justice Sandra Day O'Connor.

Specter Suggests a Chief Justice: O'Connor (NYT | RSS)

Senator Arlen Specter, chairman of the Judiciary Committee, suggested on Sunday that President Bush could name Justice Sandra Day O'Connor, who is retiring from the Supreme Court, to the position of chief justice if it opens up.

"I think it would be very tempting if the president said to Justice O'Connor, 'You could help the country now,' " Mr. Specter, Republican of Pennsylvania and a pivotal player in any confirmation hearings, said in an interview on the CBS program "Face the Nation." "She has received so much adulation that a confirmation proceeding would be more like a coronation, and she might be willing to stay on for a year or so."

Although Mr. Specter's seeming endorsement of the idea was highly speculative - Justice O'Connor, 75, has announced her retirement, while Chief Justice William H. Rehnquist, 80, has not stepped down - it was the clearest of his several recent signals that he plans to steer his own course as he oversees hearings on a replacement for Justice O'Connor, independent of the president and of his party's conservative base.

Many social conservatives have denounced Justice O'Connor's votes on abortion, sodomy laws and public displays of religion. Hailing her resignation as a long-awaited chance to turn the court to the right, they have reminded Mr. Bush of his repeated praise for the court's conservative anchor, Justice Antonin Scalia.

Instead, Mr. Specter, who said he was not making a recommendation to the president, echoed a chorus of Democrats who have lauded Justice O'Connor since her retirement. Speaking on the same program, Senator Patrick J. Leahy of Vermont, the ranking Democrat on the Judiciary Committee, readily assented. "I think it would be a very doable thing," he responded to the idea of enticing Justice O'Connor out of retirement to become the new chief.

Gary L. Bauer, president of American Values, a conservative organization, said Mr. Specter's remarks "tell me that if Senator Specter were president, we would have quite different nominees than what we are likely to get from a self-described conservative president like the one we have."

Of course, we already knew that. What we didn't know before is that Specter seemingly has no sense of national political judgment at all. Why would Bush want to nominate someone to Chief Justice who is 1) already old enough to have retired from the Court and 2) that demonstrably does not share his vision for what a Justice, let alone a Chief Justice, should be?

Further, as Steven Taylor observes,

Even setting aside any issues of ideology or judicial philosophy, why in the world would any President in his right mind appoint a Chief Justice who would only serve a year or so? This is an opportunity for the President to lay down a multi-decade marker on history, and Specter thinks that he might appoint O’Connor?

Quite right. The politics of the moment is that the president will not be able to appoint a Scalia-type Chief, unless perhaps he works out a deal to elevate Scalia himself and appoint relatively moderate justices to the other two slots. Still, the best confirmable conservative under 55 is the obvious route for Bush to take. Permalink | Comments (4) | Send TrackBack | Trackbacks (1)

* bLogicus linked with Specter Suggests O'Connor for Chief Justice

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Has Specter gone senile?! Posted by: Steven L. at July 11, 2005 11:45 Permalink

I’ve observed that Specter has acted incompetently for a long time. He would serve our country best if he retired and let a true Democrat have his seat. I’d rather have a donkey than a RHINO saying stupid stuff like he does. At least when it is a Democrat talking senseless crap I don’t feel obligated to be embarrassed for someone claiming to be one of my party.

Sandra Day O’Connor, Chief Justice of the Supreme Court of the United States of America? Good gawd, what a nightmare! Good-bye Sandra, and good riddance!

[PJammers]

Please, Snarlin Arlen's gray matter departed him long ago. The only thing chemo can do for him now is provide an excuse for his idiocy.

v/r

[Indy Pendance]

Not defending him, but, my hubby is going through chemo, he's normal. It's a liberal infliction, cancer of logic.

[Lx]

My dad said something like this yesterday, now I know where he heard it.
Gee, what a surprise, a dumb idea from Specter. I guess every genius has his bad days.

[twigs]

He specifically mentioned a Senator. I've heard this discussed by a conservative panel. Roosevelt stacked the court with former political people and it wasn't good for the country. I don't mind non-judicial, but I'm not sure I want a former politician. It depends on who it is, I guess. I'm not anti-politician, but I want decisions based on the merits according to the constitution. Whoever can do that is the person I want.

[ConservativeDude]

If I were the Prez., I'd put this guy in as chief:

http://www.law.uchicago.edu/faculty/posner-r/

Then watch the liberal heads spin.

He might be a bit too libertarian for some here, but, I'm pretty sure he would be with us most of the time....and I think even on Roe.

[jocko12]

Spector your so full of it your eyes turned brown.

[lilylangtree]

Blow it out your a**, Specter.

[RS]

Wonder if that would put a nice little bump up in her retirement pay as a going away present ?

[Indy Pendance]

So, why not you? Or me? We are reasonable, we are somewhat articulate, we can read the constitution. It's really a pretty simple document, which the legal community managed to twist to fit their agenda. There are many examples how the supremes 'interpreted' the constitution, set federal laws, which clearly were supposed to be left to the individual states.

[zek157]

Is Specter insane?

[hellinahandcart]

Senator Arlen Specter, chairman of the Judiciary Committee, suggested on Sunday that President Bush could name Justice Sandra Day O'Connor, who is retiring from the Supreme Court, to the position of chief justice if it opens up.

My head's gonna explode.

She has received so much adulation that a confirmation proceeding would be more like a coronation

My head's gonna explode in two directions.

Senator Patrick J. Leahy of Vermont, the ranking Democrat on the Judiciary Committee, readily assented. "I think it would be a very doable thing,"

Somebody kill me now...

[Bar-Face]

"Chemo induced brain rot."

Chemo had nothing to do with Specter's rotted brain. It was shot years ago. Remember his difference to Scottish law during the impeachment?

Like many others in the US Senate, Alen Specter is a walking talking example of the need for term limits in Washington.
The real sad part is President Bush helped get this POS reelected.

[hellinahandcart]

She has received so much adulation that a confirmation proceeding would be more like a coronation

Although Nancy Pelosi would describe it as more of a deification.

[niteowl77]

He is a sick man who probably needs to be in a geriatric psych unit, not the U.S. Senate.

(possible redundancy apology)

[26lemoncharlie]

We don't refer to him as "ANAL SPHINCTER" for nothing!

[RetiredArmy]

The fool RINOcrat speaks again. Guy should join the democommies officially since he is one.

[Blood of Tyrants]

Can't do it. She is all set to retire already. Keeping her on would be a huge mistake.

[Casloy]

I looked up "idiot" in the dictionary and there was a picture of him.

[twigs]

Ok. No argument here. I would rather see an ordinary citizen who can learn the ropes but who knows their constitution any day than a politician who always makes political decisions (appropriate for congress, not for SC) or a judicial professional with an agenda, which seems to be most of them.