Next Chief Justice?
Written by Nate on May 26th, 2005The first major battle of this war over the Supreme Court is going to be over who the next Chief Justice of the Supreme Court is going to be after Rehnquist retires. The two options are Thomas or Scalia. I have read some of the writings of both and I think either would be a great choice. The Democrats will have a much harder time making a case against Scalia than Thomas. Scalia, a Regan appointment was approved almost unanimously by the Senate. So, which one would be best?
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My impression, from people who know Justice Thomas, is that he would have no desire to go through the confirmation process again. It doesn’t mean it won’t happen, it’s just what I’ve heard. Who can really blame him?
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Here’s the critical problem, does the Bush admin really want to go through two confirmation battles if they only need to go with one?
Read some of SA’s thoughts here.
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I like Scalia.
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You have to go with Scalia. There are enough battles still to come without throwing another one out there. Save the political captial for the battle over the new appointee.
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I say nominate Specter.
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new poll question?
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Brett,
You don’t end up keeping the powder dry for another appointment because for Scalia to be moved up to CJ would require a nomination fight.
Incidentally, some folks think that moving Scalia to CJ would be bad as it would cause him to water down his prose in order to gain the pluralities needed for decisions.
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Shortly after the election, Reid promised to block Clarence Thomas if he were nominated to be elevated to chief justice. He grudgingly admitted that Scalia would be a more acceptable choice. Scalia seems to be “campaigning” for it as well. There may be a number of Democrats opposed to it, but I don’t think they’ll block it. It would be best for Bush and any Republican trying to be elected or re-elected to the Senate in 2006 to have an easy confirmation process on the CJ. The confirmation process for the newly nominated associate justice will likely be a tough fight.
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