[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If O'Connor's one vote would sway the decision that is about to be issued, the opinion will be withdrawn and the case will be reargued before the Court with the new Justice sitting.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

[PhiKapMom]

Thanks for posting the information on the O'Connor vote. Your knowledgeable and reasoned response is exactly what is needed on this thread.

[medscribe]

And if Justice O'Connor agrees to stay until the end of the term next June, then the decisions will be made with her votes. So rather than have a new conservative justice that the president trusts, the conservatives are jumping for joy at the prospect of having decisions with O'Connor being the swing vote.