Wednesday, July 13, 2005

Oyez, oyez! Commence CJW -- Chief Justice Watch

The Chief Justice of the United States, William Rehnquist, already suffering from thyroid cancer since last fall, has been hospitalized for a fever. He is 80. This has fueled even more speculation that he will announce his retirement from SCOTUS; rumors to that effect have reached, ahem, fever pitch in the last week or so.

So, you can count on me to post any updates on the condition of the CJ. I'll offer my analysis, too.

First up: If Rehnquist does pack it in for any reason, I would bet good money that President Bush would appoint Antonin Scalia as Chief Justice. You can take that to the bank. Scalia is well-regarded and only has the slight blemish of the duck-hunting-with-Dick scandal. He would be confirmed easily, especially since Sen. Harry Reid, the Democrat leader, has said just this byear that he respects Scalia and thinks he is a good associate justice. Sen. Arlen Specter, the chair of the Senate Judiciary Committee, passed on a rumor that Bush might ask Sandra Day O'Connor to stay and elevate her to Chief. That ain't gonna happen. Period. She's done.

Next: That leaves Bush two associates to appoint. I would bet on Attorney General Alberto Gonzales and one of the Ediths from the 5th Circuit. Conservatives and moderates each get something, Bush avoids a fight and he has tilted the court just a bit to the right.

But: If Rehnquist stays -- even in poor health, which could cause all sorts of mid-term problems -- Bush probably won't nominate Gonzales. Bush is on record as supporting justices like Scalia and Clarence Thomas. Gonzales is no Scalia or Thomas. Also, Dems should stop acting like Gonzales is the best hope for moderates and liberals. Remember he wrote an opinion as White House Counsel that said torture was OK and thatthe Geneva Conventions can be ignored in this new type of war. With the possibility of Guantanamo cases headed for SCOTUS, do you think he should be on he court? We can do better, so let's stop acting like he is as good as we can get. Thanks, by the way, to Slate for helping me articulate the thoughts I had already been feeling.

Watch this space for your CJW news, updated daily -- more frequently as the news occurs. Do you think Vegas betting parlors have odds on whether Rehnquist will kick off? Tacky, yes, but I bet they do.

UPDATE July 14, 2005, 1 p.m. PDT: I saw a report that Rehnquist was released and went home. No comments were given on his condition.

-- Wenatchee, Wash.

No comments: