Rush Limbaugh confused on Supreme Court balance. Still will be 5-4, same as before. Not 6-3.

[motife]

Rush said several times last week that confirming Alito changes the balance of the court from 5-4 to 6-3.

Alito is replacing Sandra Day O'Connor one of the 5-4 majority. The balance is not changing.

We can only hope Stevens and/or Ginsberg retire in the next 2 and 1/2 years. I would not be surprised though that as partisan as they are, they will not.

Here are the ages of the current court, including Alito, how long they've served, and who appointed them :

Liberals :

John Paul Stevens, appointed by Gerald Ford, court term began 12/19/1975. Born Chicago, IL 4/20/1920. Confirmed by 99-0 vote. Probably most liberal member of the court. Particularly bitter opinion in Bush v. Gore. Aged 85. Has been on the court 30 years.

David Souter, appointed by George H.W. Bush, court term began 10/9/1990. Born Melrose, MA 9/17/1939. Confirmed by 90-9 vote. MOST disappointing choice for Republicans. Aged 66. Has been on the court 15 years.

Ruth Bader Ginsburg, appointed by Clinton, court term began 8/10/1993. Born Brooklyn, NY 3/15/1933. Confirmed by 97-3 vote. Aged 72. Has been on the court 12 years.

Stephen Breyer, appointed by Clinton, court term began 8/2/1994. Born San Francisco, CA 8/15/1938. Confirmed by 87-9 vote. Aged 67. Has been on the court 11 years.

Conservatives :

Antonin Scalia, appointed by Reagan, court term began 9/26/1986. Born Trenton, NJ 3/11/1936. Without question the best Supreme Court Justice, among the best ever. Has started a multi-generational movement in law not unlike Reagan has in the GOP. One of Reagan's great legacies to the nation. Confirmed by 98-0 vote. Aged 69. Has been on the court 19 years.

Anthony Kennedy, appointed by Reagan, court term began 2/11/1988. Born Sacramento, CA 7/23/1936. Could have had Robert Bork who along with Scalia and Rehnquist would have made a epic court. Kennedy has been by and large a conservative vote, although not 100% reliable. Confirmed by 97-0 vote. Aged 69. Has been on the court 17 years.

Clarence Thomas, appointed by G.H.W. Bush, court term began 10/23/1991. Born near Savannah, GA 6/23/1948. Taciturn, but rock solid for the right. Confirmed by razor thin 52-48 vote. Aged 57. Has been on the court 14 years.

John Roberts, appointed by G.W. Bush, court term began 9/29/2005. Born Buffalo, NY 1/27/1955. Confirmed by 78-22 vote. Aged (next week) 51 years. Chief Justice.

Samuel Alito, appointed by G.W. Bush. Born, like Scalia, Trenton, NJ 4/1/1950. Appears like Roberts to be an excellent choice for the right and youthful for a justice. Aged 55.

[skimask]

"I had no idea that ACLU lawyer RBG was so old."

I also think she has had a bout with cancer. I do not think she is in the best of health.

[latina4dubya]

i did not realize that Justice Thomas was so young when he was first confirmed to the Supreme Court...

[kylaka]

Thomas has become known for not asking questions during oral arguments before the court. My take is that he understands the issues well enough. The Left's take is that he doesn't want to embarass himself, and lets Scalia ask the questions for him. My guess is Thomas will have something to say soon enough, and it's going to leave marks on some folks backsides.

[goodnesswins]

Yes, T'wit....I heard Rush say what YOU said, also....and I believe there will be at least ONE more nomination for Bush before he leaves office.....for the obvious reason....

[krb]

I agree with that assessment.

[latina4dubya]

how is it that Souter was chosen? how could all you conservatives let this happen? i was a very young lib back then...

[goodnesswins]

I think Thomas knows ANYTHING he says will be used against him, anytime, by the Lying Leftists Loonies....and he doesn't want to give them any more fodder than they can already make up....

[Harmless Teddy Bear]

Why "taciturn"?

I think because he doesn't ask as many questions as the other Justices.

[T'wit]

Thank you. And maybe it will come true :-)

[yarddog]

I suspect it will be 2-3-4, with Scalia and Thomas the only two solid conservatives. It is possible that Roberts and Alito will be more conservative than I think, hope so.

[Born Conservative]

He mentioned last week that Alito would make it a 6-3 court (I think it was on Thursday's show, 1/12/06). I've noticed many flubs that he's been making lately.

[brainstem223]

Bush the elder sure made a mess of his one nomination. That pales in comparison to what the idiot gerald ford did in nominating justice stevens

[latina4dubya]

Thomas has become known for not asking questions during oral arguments before the court.

i heard him say that as he was growing up, he rarely ever spoke in class... he listened really well and took everything in... he said something about his grandmother speaking some dialect that he picked up, and he did not want to use it in class... so he said as little as possible... and this allowed him to learn to listen very closely to the teacher... i thought it was a neat story when he told it..

[T'wit]

Thank you. I hope Mr. Bush gets to appoint two or three more justices to seats now abused by liberals.

[latina4dubya]

Bush the elder sure made a mess of his one nomination.

do you remember if conservatives complained back then? was there any kind of uproar? btw--he did also nominate Clarence Thomas... so he did well with that one...

[Soul Seeker]

Ideological purity isn't important, but a winner is? How so? Unless you believe simply having a Republican president guarentees a good court. If so, I would counter 7 of the current Justices were chosen by Republicans. Including the R v W Justices.

Just putting a Republican President in the W.H. isn't good enough. Republicans have nominated some wishy washy Justices, (currently Kennedy-O'Connor), and some very Liberal Justices (Currently Souter best example).

Sorry, but if by "winner" you mean McCain or Rudy? No. Rudy will nominate a Liberal. McCain will nominate either a Liberal (Stevens) or an O'Connor. Miers aside, Bush's intentions were not to break his promise. He made a mistake and let the pressure of RINO's affect his decision, but with a little help from conservatives, that was recovered and he picked Alito. So long as he doesn't let pressure affect him, his instincts are good about the Court. Roberts, Alito, Lower Courts including Brown etc.. It's a big part of the reason he was picked in 2000, and won in 2000, and why the Liberals plotted very briefly into his tenure to keep his Judges off the courts because they trusted his instincts as well.

Right now? I don't trust the instincts of ANY of the people running, so far, to be President. But I'm not going to support someone I KNOW won't choose the right type of Justice either.

[Born Conservative]

[nutmeg]

Thanks for the ping, BC. Is Rush gone all week this week? Bummer if so... :-(

[Mad_as_heck]

I heard him predict that Bush will have one more appointment to make, and THAT -- not Alito -- will change the balance. Any other listeners recall it this way?

That was my read too. Threw me for a couple of seconds but was emphasizing that Ginsburg et al may be more likely to throw in the towel if court is already leaning conservative.

[caryatid]

I am not sure that the use of taciturn is inappropriate for Justice Clarence Thomas ... but only if it is not meant in a pejorative way. The definition of taciturn is temperamentally disinclined to talk. I think this fits rather well as Justice Thomas is measured and serious and is not one to spout off. He is a real favorite of ours. My "in house counsel" has read a number of Justice Thomas' opinions and has a high regard for the Justice's ability. I have heard him speak [televised speeches at various groups] and find him to be intelligent, logical and surprisingly humble. I have found him to be refreshing after the arrogance of so many in public life. In our household Justice Thomas is held in high regard for his staunch conservative values.