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To: BibChr

Did anyone really think that they would proceed w/hearings on Alito when the Thanksgiving holidays followed shortly by the Christmas and New Year's holidays were on the immediate horizon? Now, frankly, would you give up your vacation periods to do hearings? I think not. Remember, a lot of these Senators have to travel great distances back and forth to their states, plus they use a lot of their vacation time for politicking back in the home state, and fund raising. Just occasionally, I think there shouldn't be such a gut reaction to not getting what we want when we want it. Alito has a long track record and it's going to take both sides some time to plow through it all. I'm not hearing any Pub Senators squawking about this date for hearings on TV so far.

It would have been preferable from our political viewpoint to have them sooner, so that O'Connor won't be sitting on the SC for too long, but I doubt any key cases will be actually decided before January anyhow. Someone correct me if this is wrong. One of you lawyer types out there, please answer this question if you can: When Alito assumes his seat on the Supreme Court in January (assuming he is approved, which he will be), on cases that came before the court prior to his arrival (from the beginning of the term until mid-January), will O'Connor be able to vote on them, or is it voted on w/out her having a vote, but neither will Alito have a vote, or will Alito have a vote? I would assume that once O'Connor is gone, she no longer has a vote, and any case during the interim period would be voted on by 8 justices, rather than 9. What's the straight poop on this? Anyone know?


37 posted on 11/03/2005 2:42:08 PM PST by flaglady47
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To: flaglady47

Sorry, but I have zero sympathy. They live the lives of pampered Dukes. If they were businesslike about it, they could be done before Thanksgiving, let alone Christmas.

And I don't grant that they have to comb over every case. Wasn't that long ago that SC nominees didn't even deign to come ot hearings. There is no Constitutional requirement that this carnival be held.

And yes, there are important issues before the Court that frankly I don't want O'Connor voting on. Either a parental notification or an "assisted suicide" case, as I recall -- or both.

Dan


41 posted on 11/03/2005 2:46:01 PM PST by BibChr ("...behold, they have rejected the word of the LORD, so what wisdom is in them?" [Jer. 8:9])
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To: flaglady47
When Alito assumes his seat on the Supreme Court in January (assuming he is approved, which he will be), on cases that came before the court prior to his arrival (from the beginning of the term until mid-January), will O'Connor be able to vote on them, or is it voted on w/out her having a vote, but neither will Alito have a vote, or will Alito have a vote? I would assume that once O'Connor is gone, she no longer has a vote, and any case during the interim period would be voted on by 8 justices, rather than 9. What's the straight poop on this? Anyone know?

For example, I think the PBA case comes up at the end of this month. I believe that if Alito is confirmed before the decision is handed down and it's a 4/4 tie, excluding O'Connor's vote due to her leaving the court, then the SC can rehear the case with the newly confirmed justice. However, I believe that the rehearing is optional. Someone can correct me if I am wrong.
45 posted on 11/03/2005 2:47:33 PM PST by smokeman
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To: flaglady47
Remember, a lot of these Senators have to travel great distances back and forth to their states

This isn't 1846, and no one's going to be riding their horses to a distant state during a recess. As if they do anything but fly home -- and that just takes days, right?

plus they use a lot of their vacation time for politicking back in the home state, and fund raising.

Ah yes, I had forgotten the true meaning of incumbency. Thank you for reminding me.
81 posted on 11/03/2005 3:53:32 PM PST by mjwise
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To: flaglady47

There are two abortion case, and a queer marriage case coming up that O'Conner will now be voting on and will certainly be the "swing" vote for, but Miers would probably have been doing the voting if she hadn't been forced to "withdraw"


110 posted on 11/03/2005 6:12:49 PM PST by AFPhys ((.Praying for President Bush, our troops, their families, and all my American neighbors..))
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To: flaglady47

"Now, frankly, would you give up your vacation periods to do hearings?"

I've stood watch on Christmas Day more than once.

A person who wouldn't give up a few days of his vacation for something this important should be expelled from the senate and stripped of his citizenship.


162 posted on 11/07/2005 3:54:46 AM PST by dsc
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