[smokeman]

When Alito assumes his seat on the Supreme Court in January (assuming he is approved, which he will be), on cases that came before the court prior to his arrival (from the beginning of the term until mid-January), will O'Connor be able to vote on them, or is it voted on w/out her having a vote, but neither will Alito have a vote, or will Alito have a vote? I would assume that once O'Connor is gone, she no longer has a vote, and any case during the interim period would be voted on by 8 justices, rather than 9. What's the straight poop on this? Anyone know?

For example, I think the PBA case comes up at the end of this month. I believe that if Alito is confirmed before the decision is handed down and it's a 4/4 tie, excluding O'Connor's vote due to her leaving the court, then the SC can rehear the case with the newly confirmed justice. However, I believe that the rehearing is optional. Someone can correct me if I am wrong.

[samkatz]

you know what? Our president has been taking all the friggn heat from his own base about Miers, immigration, CIA, etc etc

What about the spineless bunch of whimps that call themselves Republicans in the Senate? The Dems are fighting tooth and nail, our side is like 55 Dukakis's...

Look at Trent Lott......trashing Rove, W, etc every chance he gets.. Sure, he's still p'o'd about being pushed out over the strom thurmand speech

But ok, now that Bush's "base", eg, us, have supposedly "returned to the fold"(some of us never left), where is his own party in Congress????

[flaglady47]

"I believe that if Alito is confirmed before the decision is handed down and it's a 4/4 tie, excluding O'Connor's vote due to her leaving the court, then the SC can rehear the case with the newly confirmed justice. However, I believe that the rehearing is optional."

I believe you are right. This has jogged my memory. I read what you are saying somewhere along the line. Thanks.

[George W. Bush]

I believe that if Alito is confirmed before the decision is handed down and it's a 4/4 tie, excluding O'Connor's vote due to her leaving the court, then the SC can rehear the case with the newly confirmed justice. However, I believe that the rehearing is optional. Someone can correct me if I am wrong.

I heard that the case will be reheard if a new justice is on the Court when the rulings are issued, probably in June.

I don't know if it matters whether O'Connor cast one of her usual swing votes or not. I thought maybe a 6-3 or better majority might make it a moot point.

Specter: the gift that keeps on giving...