[tbagot]

I think we're at a point where we have to think about a recess appointment. We can't have 4-4 decisions for the first half of the term. If they blow up Roberts, we'll have 4-3 decisions with the liberal side of the court prevaling.

Could Arnold be on the court? Recess appointment?

[Cboldt]

I think we're at a point where we have to think about a recess appointment. We can't have 4-4 decisions for the first half of the term.

It would be a 7 member Court if O'Connor steps down before her replacement is confirmed.

[NavySEAL F-16]

Here's the context of O'Connor's letter that pertains to when she steps down:

Dear President Bush:

"This is to inform you of my decision to retire from my position as Associate Justice of the Supreme Court of the United States, effective upon the nomination and confirmation of my successor.