I wouldn’t bet my farm on it, but it sounds very likely that Chief Justice Rehnquist is going to announce his retirement tomorrow morning. Personally I’d like to see Rehnquist stay on for another year, assuming his health would permit him to, just for the sake of giving the federalist revolution one good year with the new (hopefully) non-O’Connor.
If he does announce his retirement tomorrow we’ll hear a great deal about how effective he has been as Chief Justice. Not only has Rehnquist excelled in the managerial dimension of his job, but he has also done a great deal to influence the jurisprudential direction of the Court. His effort to move the Court in a conservative direction in cases involving the Fourth and Fifth Amendment, and his emphasis on the power of states in relation to the federal government, could be viewed as the weaknesses of an otherwise consensus-building leader. This is particularly true in light of the recent line of decisions weakening federalism. However, the fact that Rehnquist’s name is so intimately associated with the concept of federalism is evidence that he was a strong leader whose vision of the role of the Constitution will shape legal opinions, law review articles, lawyers, and law students throughout the nation for years to come.
In related news, RedState is claiming that the potential nominees are “Luttig, Roberts, Garza, McConnell, Edith Brown Clements, Edith Jones, Priscilla Owens, and very possibly John Cornyn.” They also point to unnamed sources claiming that Justice Ginsburg will be retiring during the Court’s Christmas recess.
I’m not a big fan of Rehnquist’s jurisprudence, but I recognize that the Chief Justice of the US Supreme Court is the manager of the federal judicial system. And as such, he has steered and protected the federal judicial system through a very difficult period.
“They also point to unnamed sources claiming that Justice Ginsburg will be retiring during the Court’s Christmas recess.”
I believe that Ginsburg’s letter of resignation said that it would be effective when a successor was found and named…am I missing something?
Ginsburg isn’t O’Connor
You are correct sir.
See, this is what happens when you’re on 4 hours of sleep and 5 tylenol in the middle of summer.
I understand, similar things happen to me when I’m not on tylenol or four hours of sleep.
Hell…The Corner is now rumoring that Stevens might go with Rehnquist.
you have a farm?
Not unless you count the collection of herbs and spices my wife grows in our back yard.