Well, there goes the Supreme Court. Based on today's oral argument, it looks like Kennedy has totally gone over to the dark side (he appears ready to strike down the Partial Birth Abortion ban), so we've now got five total libs on the Court and four moderate conservatives. When Stevens croaks we're not going to be able to replace him with anyone good, so be prepared for years of liberal activism on the bench.
How are Scalia, Thomas, Alito, and Roberts moderate conservatives, especially the first two?
Kennedy does that. He plays devils advocate during the hearings.
So here is a question. I am not entirely familiar with the law.
Assuming Stevens resigns, what if President Bush just is really, really, really slow about nominating a replacement? Can he do that? Then there are only 8 justices and a better proportion of conservatives.
If he can't do that, can't he just repeatedly nominate the most conservative person he can find, knowing that they will be turned down by the Senate, and then the court remains with only 8 members for the duration?
that is not what i heard jay sekulow say. He said it appears Kennedy is still with us on this issue by the questions he was asking.