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(SCOTUS) On Your Garza (Ginsburg Is Very Sick, May Retire After November)
The American Spectator ^ | 7/5/2005 | The Prowler

Posted on 07/04/2005 9:20:24 PM PDT by GOPGuide

[SNIP]

On Friday, with the announced retirement of Sandra Day O'Connor from the Supreme Court, It took a few minutes for the news to set in on Capitol Hill, among Republicans and Democrats alike. After all, even the White House in briefing Republican leadership on the Hill spoke in the belief that it would be Chief Justice William Rehnquist who is retiring.

"The White House seemed to be expecting Rehnquist first, that was what my boss was getting briefed on," says a staffer for a Senator sitting on the Judiciary Committee. "We were told Rehnquist in July, possibly later this year."

Rumors are already swirling about a possible third retirement after November. The most likely would be Justice Ruth Bader Ginsburg, who according to former Supreme Court clerks may be in poorer health than Justice Rehnquist.

"That's the seat for [Albert] Gonzales, that third seat if it opens up," says Department of Justice staffer. "All of this depends on how the first nomination goes, but the assumption here is that this is not the time for Gonzales."

As of this writing federal Judge Emilio Garza is the frontrunner to replace O'Conner. There are several indicators, which may all be red herrings, but that is half the fun.

First, Texas Sen. John Cornyn met with the President, as well as Chief of Staff Andrew Card and several members of the White House Counsel office early Friday. Up on Capitol Hill, rumors were quickly swirling that Cornyn had been offered the Supreme Court nomination. Those rumors were fueled when his senior staff essentially went underground for several hours.

But later in the day, Cornyn was making television appearances to discuss the nominations process, as well as placing an op-ed about the process.

Cornyn is now believed to be the President's point person in the Senate to help measure the level of support for potential nominees. "He's the President's 'consultation' guy," says a Senate leadership source. "That's how we're proceeding. If he is the nominee, we will be surprised again. But that's nothing new with this White House."

Cornyn and Garza know each other from their days in Texas and other legal circles.

Another indicator of Garza's status is that several senior Republican staffers on the Judiciary Committee have begun poring over court rulings from the period of 1987 through 1990, a period when Garza served as a U.S. district judge before his elevation to the 5th Circuit Court of Appeals.

That research, though, could just as well apply to Judge Edith Hollan Jones, who has been sitting on the Fifth Circuit since 1985. Jones was considered for possible Supreme Court nominations by President George H.W. Bush.


TOPICS: Front Page News; News/Current Events; Politics/Elections
KEYWORDS: appointment; bush; conservatism; conservatives; garza; ginsburb; gonzales; justice; liberals; nuclearoption; rats; republican; retirement; rumors; ruthbaderginsburg; scotus; supremecourt
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To: Flux Capacitor

Do you really feel that strongly about it?


81 posted on 07/04/2005 10:32:39 PM PDT by SierraWasp (Liberal/Media Orchestration is just like Pornography! You recognize it instantly when you see it!!!)
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To: streetpreacher

If you would trade it, surely you coudn't appoint any conservative.


82 posted on 07/04/2005 10:34:24 PM PDT by alessandrofiaschi (NO GONZALES!)
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To: doug from upland

if the court is 6-3 conservative Bush would have to call in the 82nd Airborne to provide security for that place ....


83 posted on 07/04/2005 10:36:51 PM PDT by thestob (Vote or P. Diddy will kill you)
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To: Flux Capacitor

Why pick on her? If you feel this strongly you should also take out after Breyer, who is ever bit as liberal, even though his words are woolier. But the vilians are numerous. I was unhappy that Brennan got a proper Catholic funeral, but then they do the same for Mafia gangsters.


84 posted on 07/04/2005 10:37:01 PM PDT by RobbyS (chirho)
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To: streetpreacher
BTW, I would trade the Republican majority in the Senate for a Conservative majority on the Supreme Court.

Absolutely.

85 posted on 07/04/2005 10:37:03 PM PDT by Jeff Chandler (Error 404: Page Not Found)
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To: GOPGuide

Damn, you folks have the 3 next positions all lined up. . .

I'll just focus on the only OPEN seat, and delay addressing possible future openings, until they are open. Spent alot of time reviewing and considering the possible candidates for the current opening, and most if not all would be excellent nominees. But, after my review I can assure you the A.G. Gonzales will not be the nominee for this opening, (and likely will not be a nominee at all during Bush's term as President). The President will choose one of the following:

Garza, Luttig, or E.Jones. Having watched Bush operate as my Gov and President, I'll guess Garza. BTW, relax, sip on a cool frosty soda or suds, the nominee will not be announced until mid to late July 7/15 thru 7/31.

tuck


86 posted on 07/04/2005 10:37:13 PM PDT by tucker_is_in_texas
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To: Lancey Howard

"What happens if a SC justice gets incapacitated? Goes on a ventilator or something and cannot function? Is there a process for replacing that justice or do we have to wait for her/him to die? Thanks."

We'll just lie to Greer and tell him he's next in line for the job. He'll take care of the rest.


87 posted on 07/04/2005 10:37:21 PM PDT by streetpreacher (If at the end of the day, 100% of both sides are not angry with me, I've failed.)
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To: doug from upland
A 6-3 conservative court? The libs would be driving off bridges.

Hopefully, Teddy will be alone this time.

88 posted on 07/04/2005 10:38:27 PM PDT by TruthShallSetYouFree (Abortion is to family planning what bankruptcy is to financial planning.)
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To: alessandrofiaschi
Stevens wrote the motivations of Kelo vs New London. That bastard is in good health.

I hope the Bush nominees are very young, very conservative, and in excellent health. We want them on the bench forever!

89 posted on 07/04/2005 10:38:29 PM PDT by concerned about politics (Vote Republican - Vote morally correct!)
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To: LibertarianInExile

Hell, I'd rather have one of THEM on the Supreme Court than Ginsburg.

-Dan

90 posted on 07/04/2005 10:39:14 PM PDT by Flux Capacitor (Trust me. I know what I'm doing.)
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To: Jeff Chandler

You may be disappointed with the result. I think that Thomas is the only "movement" conservative , and part of that is the way he has been slandered.


91 posted on 07/04/2005 10:39:21 PM PDT by RobbyS (chirho)
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To: MJY1288

Er, East St. Louis is not St. Louis. 1) East St. Louis is in Illinois (thank Heaven!), 2) The most famous headline ever written about East St. Louis was (approximately): ''Tornado hits ESL, Does $32 Million Improvement''


92 posted on 07/04/2005 10:40:45 PM PDT by SAJ
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To: SuziQ

True. But much as I'd like her retirement to be impending, I doubt it.


93 posted on 07/04/2005 10:40:54 PM PDT by LibertarianInExile ("Property must be secured or liberty cannot exist." -- John Adams. "F that." -- SCOTUS, in Kelo.)
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To: RobbyS

----If you feel this strongly you should also take out after Breyer, who is ever bit as liberal, even though his words are woolier.----

Believe me, that goes for him too.

-Dan

94 posted on 07/04/2005 10:40:57 PM PDT by Flux Capacitor (Trust me. I know what I'm doing.)
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To: alessandrofiaschi

Well with 3 or 4 nominations, I was kinda' hoping to keep it for about 20 - 30 years.


95 posted on 07/04/2005 10:41:31 PM PDT by streetpreacher (If at the end of the day, 100% of both sides are not angry with me, I've failed.)
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To: GOPGuide

Good riddance to Ginsburg. I always thought it was a mistake to have a justice that looked like Ruth Buzzy, (however its spelled).


96 posted on 07/04/2005 10:42:18 PM PDT by Busywhiskers (Former Republican since the Great RINO betrayal of 2005.)
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To: de Buillion
Janice Rogers Brown might just replace Sandra O'Connor.

It would be a win-win for Pres. Bush. The liberals will not be able to keep a black woman off the Supreme Court without looking like racists and the conservative base would be extremely happy. JR Brown is a brilliant judge.

97 posted on 07/04/2005 10:43:00 PM PDT by savagesusie
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To: streetpreacher

At least for 50 years. Just name me!


98 posted on 07/04/2005 10:43:19 PM PDT by alessandrofiaschi (NO GONZALES!)
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To: dangus

"The American Spectator is not going to the float a trial balloon to help Bush get off easy!"

No, but they very well might float a trial balloon to help him put a neocon on the court. The Beltway neocons are clubby that way. I don't think the GOP's base voters will accept a neocon-vetted appointee like Kennedy or Souter again.


99 posted on 07/04/2005 10:43:43 PM PDT by LibertarianInExile ("Property must be secured or liberty cannot exist." -- John Adams. "F that." -- SCOTUS, in Kelo.)
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To: Southack

Very interesting about creating a more conservative court for a short while. But since stare decisis only applies to liberal decisions, a temporary conservative court will change little.

We need three young conservatives and no stealth leftist if Bush gets three appointments. Imagine if G.H.W. Bush had appointed someone other than Souter?


100 posted on 07/04/2005 10:44:25 PM PDT by JLS
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