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Talk Grows of 2 Openings at High Court
law.com ^ | Feb. 16, 2010 | Tony Mauro

Posted on 02/16/2010 2:11:30 PM PST by Free ThinkerNY

If two U.S. Supreme Court vacancies materialize this spring, they may have the same impact on the nation's capital that two heavy snowfalls have had this month: gridlock, paralysis and frayed tempers.

Stories raising the possibility that justices John Paul Stevens and Ruth Bader Ginsburg may leave at roughly the same time have suddenly become part of the Washington conversation, already fueling nightmare scenarios of dragged-out battles between a weakened President Barack Obama and a fiercely contentious Senate over possible replacements.

"Republicans are out for blood, and Democrats are out for a fight," said Steve Wermiel, professor at American University Washington College of Law. "We're close to a peak of partisan wrangling in Washington."

Speculation about potential nominees has already begun, with Solicitor General Elena Kagan and Judge Merrick Garland of the U.S. Court of Appeals for the D.C. Circuit winning the most mentions at this early stage. Secretary of State Hillary Clinton is also the subject of growing speculation as a possible nominee.

That said, many Court-watchers still don't believe two concurrent vacancies are likely.

"There's a very express consensus within the Court that two vacancies not occur simultaneously, barring a medical tragedy," said David Garrow, a high court scholar and senior research fellow at the University of Cambridge. "And there's no new evidence that Justice Ginsburg is at all considering departing."

WHO WILL GO?

The latest guessing game began when ABC News reported on Feb. 4 that the White House was preparing for the possibility of two vacancies by refreshing and researching its list of potential candidates. The Wall Street Journal also quoted unnamed officials asserting that Ginsburg's apparently successful battle against pancreatic cancer last year nonetheless has "made preparations for her retirement prudent."

(Excerpt) Read more at law.com ...


TOPICS: News/Current Events
KEYWORDS: bho44; bhojudicialnominees; bhoscotus; elenakagan

1 posted on 02/16/2010 2:11:30 PM PST by Free ThinkerNY
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To: Free ThinkerNY

.
Hopefully the confirmation hearings will drag out for three years.


2 posted on 02/16/2010 2:14:21 PM PST by Touch Not the Cat
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To: Free ThinkerNY
Interesting. If Hillary becomes the replacement for Ginsburg, she might actually be more moderate.

And she won't ever run for president.

3 posted on 02/16/2010 2:15:54 PM PST by Nachum (The complete Obama list at www.nachumlist.com)
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To: Nachum

Yep if Hillary is the nominee, Republicans can’t really do anything to stop her from being accepted. So that’s a good trump card to play.


4 posted on 02/16/2010 2:19:05 PM PST by MinorityRepublican
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To: Free ThinkerNY
Both Stevens and Ginsburg a slimey Maoists and it's a given that Hussein The Blessed will nominate Maoists to replace them.So,basically,the only downside is that the replacements are likely to be younger.
5 posted on 02/16/2010 2:19:21 PM PST by Gay State Conservative (Host The Beer Summit-->Win The Nobel Peace Prize!)
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Brace for the impact of the coming onslaught of media propaganda!
6 posted on 02/16/2010 2:23:21 PM PST by Halfmanhalfamazing ( I will finish what I started, and sometime soon. As I can. In pieces.)
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To: Free ThinkerNY

Stevens should wait until the 2010 election is over. Ginsburg doesn’t matter. Obamao can’t do much worse than her.


7 posted on 02/16/2010 2:27:22 PM PST by pallis
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To: Free ThinkerNY

FTA: “...the White House was preparing for the possibility of two vacancies by refreshing and researching its list of potential candidates...”

Translation: “Rahm-the-Ballerino asked Soros to send him the updated http://www.cpusa.org roster.”


8 posted on 02/16/2010 2:30:07 PM PST by Notwithstanding (Wer glaubt ist nie allein. Who believes is never alone.)
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To: Nachum
Hillary tends to dominate whatever organization she is in. That's why MO didn't want her as VP.
I would feel really bad for Roberts and the guys for having to put up with her.
9 posted on 02/16/2010 2:33:36 PM PST by Slyfox
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To: Free ThinkerNY
there's little will for a new fight in the dim caucus of the Senate...except on the far left.

The "moderates" may side with the GOP.

Obama has no political capital left...and Reid? He's dead meat walking.

10 posted on 02/16/2010 2:35:15 PM PST by Mariner
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To: Gay State Conservative

I always get queasy when I read articles like this because the last time a vacancy occurred one of the names bandied about was...inept Mass. governor Deval Patrick.

Since it seems his only hope for reelection is a Clinton-type under 50% win, he might be available. Obama would love him, as Deval is a lib’s lib, and would base his opinions solely on his feeeeeelings.


11 posted on 02/16/2010 2:37:24 PM PST by LostInBayport (2010 - The Second American Revolution. The first shot was fired 1/19/2010 -- here in Massachusetts!)
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To: MinorityRepublican

Don’t SCJ’s need bench time. How many have we had that went from lawyer to a member of the SC?


12 posted on 02/16/2010 2:40:48 PM PST by Bruinator (People are.............Stupid)
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To: pallis
Obamao can’t do much worse than her.

If The Messiah really wanted to catch the GOP with its pants down, he could nominate Harriet Miers..

13 posted on 02/16/2010 2:41:24 PM PST by Willie Green
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To: Nachum

I said back in 2008 campaign when Hellry stepped down, part of the agreement was her being appointed to SCOTUS. Nothing has changed that thought.


14 posted on 02/16/2010 2:50:03 PM PST by newfreep (Palin/DeMint 2012 - Bolton: Secy of State)
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To: newfreep

Let’s pray that no vacancies occur until Obama is out. Also, agree with you on Bolton as Sec of State and like Demint too.


15 posted on 02/16/2010 2:59:56 PM PST by katiedidit1
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To: Nachum
If Hillary becomes the replacement for Ginsburg, she might actually be more moderate.

I don't think she'd accept it.

No travel and waaaaayyy too much work for her liking, I'll wager.
She can't be anything like The Queen she thinks she is.

Plus, I don't think she's smart enough to do the job.

16 posted on 02/16/2010 3:00:33 PM PST by Bloody Sam Roberts (An armed man is a citizen. An unarmed man is a subject.)
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To: Free ThinkerNY

We’re screwed. A Supreme Court that will rubber stamp everything the Democrats do would be a disaster.


17 posted on 02/16/2010 3:00:35 PM PST by popdonnelly (Yes, we disagree - no, we won't shut up - no, we won't quit.)
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To: Free ThinkerNY

If the communist gets even one nomination, I can only hope and pray that a name will come to the minds of the patriotic US Senators: Bork. That is the model, and they know what to do if Obama chooses the sort of anti-American judicial activist that we know he wants.


18 posted on 02/16/2010 3:15:49 PM PST by Pollster1 (Natural born citizen of the USA, with the birth certificate to prove it)
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To: Free ThinkerNY

Oh, my—the article lists JANET NAPOLITANO as a possible nominee! You have GOT to be kidding me.


19 posted on 02/16/2010 3:24:37 PM PST by Charlemagne on the Fox
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To: Free ThinkerNY
"Republicans are out for blood,

Blood hell, we are talking crushed and splintered bone, right down to the marrow.

It really makes me wonder what has convinced the “liberals” THE VERY AGENDA that they, the communists-that-call-themselves-democrats are attempting to institute which has been the root cause American Citizens are fighting, sacrificing and preparing (not just planning) outright wars to be fought against will somehow, with literal Tinkerbelle magic, be brought into existence because a punk communist from Chicago spouted fairytale euphemisms?

I have got to ask, just how stupid are the commies?

No, really…

20 posted on 02/16/2010 3:27:25 PM PST by TLI ( ITINERIS IMPENDEO VALHALLA)
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To: Free ThinkerNY
This would complete the coup! When the Socialists appoint one of their own to the USSC, the damage cannot be undone by a Conservative takeover of the Congress AND the White House.

Un-checked activism via the USSC cannot be undone. Interpretation of the "living document" they will call the U.S. Constitution can then only be done by Amendment.

21 posted on 02/16/2010 3:31:02 PM PST by traditional1 ("Don't gotsta worry 'bout no mo'gage, don't gotsta worry 'bout no gas; Obama gonna take care o' me!)
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To: Bruinator
Don’t SCJ’s need bench time. How many have we had that went from lawyer to a member of the SC?

We almost had Harriet Miers. But I think that William Rehnquist was the last justice who wasn't a judge first.

22 posted on 02/16/2010 3:33:38 PM PST by Non-Sequitur
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To: MinorityRepublican

Can’t stop her? How did demoncrats stop Judge Bork? I would bring up all the sh*t starting with Arkansas. Let me count the ways.
1.) Whitewater.
2.) Troopergate.
3.) Bimbo eruptions.
4.) Cattlegate.
5.) John Huang.
6.) Original Healthcare debacle.
7.) Travel Office firing.
8.) Snipergate
9.) etc.etc.


23 posted on 02/16/2010 3:35:31 PM PST by Doulos1 (Bitter Clinger Forever)
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To: Bruinator

Don’t SCJ’s need bench time. How many have we had that went from lawyer to a member of the SC?
****************************************************
Your paperboy could become the next SCJ, no experience necessary.


24 posted on 02/16/2010 6:09:26 PM PST by Neidermeyer
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To: Free ThinkerNY

The commie traitor Stevens should have been dragged off the bench back in 1980 and hanged for treason. The word “justice” doesn’t exist in a single bone of his Marxist body.


25 posted on 02/16/2010 7:02:21 PM PST by sergeantdave
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To: Doulos1

How quickly people forget. Her closets are filled with bones.


26 posted on 02/16/2010 7:26:41 PM PST by balls
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To: balls

You got that right. I loathe that woman. Remember she did her college thesis on Saul Alinksy. Saul was Obama’s oracle also.


27 posted on 02/17/2010 4:28:22 AM PST by Doulos1 (Bitter Clinger Forever)
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To: Neidermeyer

Don’t SCJ’s need bench time. How many have we had that went from lawyer to a member of the SC?
****************************************************
Your paperboy could become the next SCJ, no experience necessary.

You mean I could I could sit on the bench at a SCJ. :)


28 posted on 02/17/2010 6:52:17 AM PST by Bruinator (People are.............Stupid)
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