[medscribe]

Yes, so all the conservatives will be overjoyed to know that SANDRA DAY O'CONNOR will most likely remain on the bench and be the deciding vote on all those cases this year...including the ones dealing with abortion.

[JeffAtlanta]

Yes, so all the conservatives will be overjoyed to know that SANDRA DAY O'CONNOR will most likely remain on the bench and be the deciding vote on all those cases this year...including the ones dealing with abortion.

Well if Bush hadn't wasted so much time, we wouldn't be in this situation. Better for O'Conner to be on the bench for another month than another Souter to be on the bench for the next 30 years.

[oceanview]

if OConnor were replaced tomorrow with Janice Rogers Brown - there would still be 5 votes for Roe on the court - Kennedy, Souter, Breyer, Ginsburg, Stevens. the same 5 are for gay marriage.

to turn the tide, one of two things are needed:

- the president elected in 2008 will likely replace Stevens and Ginsburg. Its that president that will remake the court. if we lose the presidency in 2008, its all over, you can forget about any of the SCOTUS issues that concern you. Hillary will remake the court.

- we need a judicial leader, perhaps its Roberts, perhaps its the next appoitnment - to be able to pull Kennedy back from the dark side. Miers certainly wasn't going to be that leader.

[Congressman Billybob]

The press had this point wrong (as usual) this morning. O'Connor will be on the bench when the abortion-related case is argued in November. However, if she has been replaced on the bench before that decision is final and issued, and that will be about February, an interesting consideration crops up.

If O'Connor's one vote would sway the decision that is about to be issued, the opinion will be withdrawn and the case will be reargued before the Court with the new Justice sitting. If O'Connor's vote would NOT affect the outcome, the decision will be announced with only 8 Justices voting, and a notation that "Justice O'Connor did not participate in the decision on this case."

This is a situation which has arisen before, and this is how the Court deals with the replacement of a Justice, and the effect on pending cases.

John / Billybob