[Marysecretary]

I had read that Scalia would resign if he didn't get chief justice. I think this is a slap in the face to both he and Thomas.

[ohioWfan]

Scalia won't resign. That would be petty and immature, and he's not either.

He and Thomas also know that the CJ doesn't usually come from within the court. They would have had no expectations that they would be one of the rare exceptions.

[Soul Seeker]

Conservatives do NOT appoint people based on seniority, "fairness" or some form of a affirmative Action program, or at least they shouldn't.

I like Thomas and Scalia. I don't think Thomas wanted it. Scalia did. But it is the President's job to appoint not only someone that is brilliant, but to consider age and ability to pull a form of unity from the members on the Court. This is why Roberts was rumored for awhile now to be his preferred choice for CJ.

Consider Kenndy on the Court. His opinion has become a "swing" vote, someone that could perhaps reach out to him and pull him back would be an asset. Clearly Rehnquist hasn't been well enough to do that, Stevens has been caring for his duties off the record for awhile. That has left O'Connor of all people exerting influence on him.

Until we have a third opening Kennedy will become the "swing" vote and it is extremely important if there is the slightest possibility, that he be convinced to return to steadier solid opinions.

[deport]

I had read that Scalia would resign if he didn't get chief justice. I think this is a slap in the face to both he and Thomas.

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They are big boys. They can pout some other time. They most likely were never going to be chosen based upon historical precedent where only three [3] sitting AJs have been elevated to the CJ position.