Will Justice Stevens Retire?

Political Wire ^ | December 13, 2006

[kabar]

Congressional Pressure on the Justices: Selection and Rejection

[Publius Valerius]

There is far too much at stake to put a largely untested amateur on the Supreme Court.

I agree; it is a stupid idea. Besides that, a non-lawyer would have NO chance whatsoever of earning a confirmation.

Additionally, the due process clause requires that a criminal defendant who faces jail time must have a legally trained judge preside at his trial. Query as to whether the same due process clause would also require a legally trained judge to review his conviction?

[zendari]

A lot of past nominees have not been federal judges.

[Nancee]

This is fascinating, but I will believe it when I see it!

[zendari]

Both of those 2 are in safe red seat and of reasonable age. If that's what it takes, then Bush should go for it.

The only other option is to pick a minority or a woman.

That said, Justice Stevens has had 6 years to retire under this president....if he wanted to, what is he waiting for?

[zendari]

Lifetime ACU Scores:

Crapo: 93
Cornyn: 94
Dewine: 80 (flawed though; his last 2 years have been in the 50s)
Martinez: 100 (not much history)
Graham: 91

[zendari]

To add: if he chooses this route I can almost guarantee it'll be cornyn as a fellow texan, or Al Gonzalez.

[linda_22003]

That was the edited version? LOL

[ilovew]

As much as I like the idea of Stevens retiring, this rumor has been around since at least 2004, probably before then. I think he's not leaving until he dies.

[phillyfanatic]

One Senator can put a HOLD on any nominee. Even if Stevens retires, as of now, the GOP could not get enough Blue Dog Dems to support even a Pub Senator like Cornyn. Unless, of course, it was Hatch who is too old as a long range pick. And who could trust Graham? Crapo, perhaps. And one would have to pick a Senator with a Pub governor or the Pubs would lose another seat!

[AuH2ORepublican]

"So, Johnson is replaced by a Pubbie, only to have Bush appoint a Pubbie to the Court who will be replaced by a Rat. Thus Bush fumbles again."

---

If President Bush named any of the 5 Senators mentioned (Cornyn, Crapo, Martinez, Graham or DeWine), the Democrats would NOT pick up a Senate seat. DeWine lost reelection, and the others are from states with GOP governors. If Cornyn was named to SCOTUS, for example, TX Gov. Perry would name a Republican to replace him, perhaps outgoing Congressman Henry Bonilla, a Mexican-American and solid conservative who got screwed by Supreme Court-ordered redistricting.

[freedomdefender]

If we want a conservative, it's going to have to be a Latino. No other way to put enough pressure on the Democrats to let him (or her) through the process.

[My GOP]

Recess appointment.

[kabar]

I don't think that is possible for the Supreme Court.

[My GOP]

Yes, the President has the authority to recess appoint Supreme Court justices. It has been done as recently as Eisenhower with Brennan.

[RWR8189]

I had always thought it was an outright rejection, but IIRC a tie has the same practical affect as a rejection.

[Deo et Patria]

Boy, those "stay at home Conservatives" sure taught the GOP a lesson, didn't they?

[ez]

"Another senator then on Bush's short-list -- and still on it -- is Sen. John Cornyn (R-TX). A member of the Judiciary Committee, Cornyn once served as a justice of the Texas Supreme Court and was also elected attorney general of that state."

Cornyn is the logical choice because any election in TX would likely yield an R senator to take his place.

[kabar]

The Congressional Research Service noted that since the 1960s Presidents have restricted their use of judicial appointments. "As a result of the controversy over the Eisenhower recess appointments of Warren, Brennan and Stewart there appears to be a political agreement that the President should not use recess appointments for Justices of the Supreme Court."

So you are correct, but the likelihood of that occuring appears to be remote.

[justiceseeker93]

Of the list in the posted article, the only one seemingly fit for the job is Cornyn.

But, historically speaking, some Supreme Court justices have been surprisingly good and some surprisingly bad. No president really ever knows what he's going to get.