Chief Justice Rehnquist dies

This just in: Chief Justice Rehnquist died at home a few minutes ago.

 

Any new suspects for the new opening on the Court? Will Bush Lite choose a new Chief Justice from the outside? Or will he choose an Associate Justice to raise to Chief Justice (as was done with Rehnquist) and then choose a new Associate Justice? How's Judge Roberts' nomination going?

 

President Bush has a prime opportunity to make history by appointing Justice Thomas as Chief Justice, who will, if appointed, be more moderate.

 

I want to get my prediction in early so I can gloat if I end-up being right: Bush43 will elevate Scalia to Chief Justice; and, still stinging from his recent realization that the Right may not necessarily be able to count on Roberts to always vote its way, Bush43 will appoint someone even more conservative than Roberts to fill what would, if Scalia is elevated to Chief Justice, by then become Scalia's empty associate justice slot.

 

Re: Re: Chief Justice Rehnquist dies

Knowing our luck, Dubya will pick some judicial Mickey mouse like Scalia or Thomas.

It’s funny how the right wingers whine and complain about a judge who makes law instead of merely interpreting it. According to This Morning on ABC News, Rehnquist did just that for his 33 years on the bench. Could it be the CONS want laws interpreted their way? (Can’t have it both ways - oh - of course you can have it both ways with GW and his band of cronies).

God rest Rehnquist’s soul. He served his country. He wasn't a particularly good Chief Justice, but he was an honorable adversary.

 

Anita Hill for Chief Justice!

 

I think a good choice would be Sec of State Rice. Although she is a right winger, she is extremely intelligent - a good choice for GW.

 

Except that she doesn't have a law degree!

 

Requiescat in pace

While I often disagreed with his views, Rehnquist was arguably the best CJ since Taft. He fought courageously against cancer without hiding his infirmity, much as the late pope did with Parkinson's. In his last years he became a great popular educator about the Court through his books--much as Alan Dershowitz has done about law in general. I admired the man and will miss him.

PS. Thanks, Mr Engineer, for your gracious noting of Rehnquist's patriotism despite your differing assessment of his performance as CJ. This thread (so far, anyway) shows that DI can discuss politics and disagree civilly and intelligently. Good for us.

 

I respected Rehnquist and am saddened, but not surprised, by his passing.

Concerning his replacement, I think that Bush kind of signaled his attitude in the Roberts nomination. Bush surprised me in a very favorable way by not trying to stack the court with conservatives, but instead trying to maintain the court's balance.

Sandra O'Connor was an 'independent', a moderate in the court's scheme of things. And I think that Roberts will probably play the same role. He certainly doesn't seem to be any kind of ideologue.

Rehnquist was more closely associated with the court's conservative faction. So if Bush is trying to maintain the balance of the court, and I hardly expct him to push the court to the left, the President is most likely to nominate a courtly conservative figure that resmbles Rehnquist.

There's a possibility that the nominee might be female as well, to replace O'Connor.

 

Re: Re: Re: Chief Justice Rehnquist dies

Antonin Scalia is, by far, the most brilliant legal mind on the current Supreme Court. The fact that you don't agree with his decisions doesn't negate that.

Rehnquist was always looking for ways to dilute the power of the federal government, and return it to the states. You know, like the 10th Amendment mandates.

 

Not required and not the background of all past Justices.

 

Not required in the Constitution because our country didn't have that many law schools (if any) in 1787-1789. Only requirement is that they shall serve during good behavior. Most pre-twentieth century Supreme Court justices read Blackstone (and maybe a few other law books) and took the Bar Exam when they were ready, hung out their shingle as lawyers, won a few little elective judgeships, got noticed by some old political buddies, and won some appointive judgeships, including the big one.
Regardless or what the Constitution does pr does not require, there is the issue of what will or will not pass muster with the Senate. First, Congress is a body full of JDs and LLBs. If someone who has no law degree is nominated to the Supreme Court, the Senate is likely to ask why this is being done and further ask how this individual without a law degree will know enough law to serve on the Court.

 

A college degree is not required to be Presifdent of the United States. Which President was the last one not to have a college degree? What are the chances of a tinker's apprentice getting elected President these days? What are the chances of being elected President these days if your legal training consisted solely of reading Blackstone before taking the Bar Exam?

 

Law degrees are also not required by the Constitution to become members of Congress. But what percentage of members of Congress do have law degrees. Of that proportion that do not have law degrees, what are they (in terms of education & profession)?

 

I've actually heard rumors that former senator turned actor Fred Thompson wants to serve on the Supreme Court. The Law & Order website has some good information on him.

Fred Thompson

 

Ted,

Wow, I rated three distinct retorts!

You may not give a tinker's dam but 'tinker' is a slur. Tinker = Traveller = Irish Traveler, more or less. Gotta stay pc, ya know.

 

Interesting. I just double-checked that old 1972 World Book Encyclopedia (the one that Dad bought when I was a kid) article on George Washington, and, just as I thought, a tinker is a mender of pots and pans.

 

One retort for each branch of government, good sir!

 

As are the Travellers (UK) and Travelers (US).

'Tinker' supposedly comes from a common trade of these - to avoid another slur - itinerants. 'Tinker's dam' from the dam made to retain the molten metal used in the mending. Snatch features the UK variety of these people.