« Indiana Decisions - Three today from Court of Appeals | Main | Law - Interesting Chicago-area gun law story today »
Saturday, October 30, 2004
Law - Following Rehnquist: Chief Justice's Illness Brings Questions on Court's Transition
"Following Rehnquist: Chief Justice's Illness Brings Questions on Court's Transition" is the title of this analysis piece by Charles Lane today in the Washington Post. Some quotes:
The prospect of a shorthanded or otherwise disrupted court cannot be ruled out, especially if the confirmation battle over a successor turns as ugly as the last four years of Senate fights over appeals court nominees have been. * * *If Rehnquist's position were to become vacant before Jan. 20, when the next presidential term begins, President Bush would have the authority to nominate a successor whether or not he is reelected on Tuesday. White House aides have a full list of Supreme Court candidates vetted and ready to go, though it has not yet been narrowed down to one or two finalists, former Bush administration officials who took part in the process said.
If the Senate were not in session, Bush could fill the seat through a recess appointment. That justice would remain on the bench until the end of the next Senate session -- unless, upon its return from recess, the Senate confirms or rejects the Bush nominee or, if Kerry becomes president, confirms someone else.
Bush has used recess appointments to put judges Charles W. Pickering Sr. and William H. Pryor Jr. on the federal appeals court. Two of the Supreme Court's most distinguished members, Chief Justice Earl Warren and Justice William J. Brennan Jr., were recess appointees, installed by President Dwight D. Eisenhower after their predecessors' deaths and confirmed by acclamation when the Senate returned. * * *
Republicans knowledgeable about the administration doubt that Bush would attempt a recess appointment if he is reelected. They said that he resorted to recess appointments for appeals judges only after he tried the normal route and was thwarted by Democratic filibusters.
"A recess appointment would generate enormous ill will on the Hill, which would cost votes on the floor later on," said Bradford Berenson, a former associate White House counsel who worked on judicial nominations.
Posted by Marcia Oddi on October 30, 2004 07:03 AM
Posted to General Law Related