Comments on: Female Senators Urge O’Connor to Reconsider Retirement

By: Anderson

Anderson — Fri, 15 Jul 2005 21:02:38 +0000

You're right, McGehee---if it's not in the Qur'an, it's dispensable. Strangely, this reminds me of the attitude of some Americans to the Bible-Constitution relationship ... My question remains, however, whether Congress can impose qualifications for the Court beyond any set out in the Constitution. No question that they can for the lower courts, which are purely Congress's creation & could be abolished by fiat (leaving the Supremes little to do but review state court decisions). But it seems to me that Congress *couldn't* do that for the high Court.

By: McGehee

McGehee — Fri, 15 Jul 2005 20:15:40 +0000

Anderson, that's ridiculous. Everyone knows Osama bin Laden isn't a Constitutional originalist! As for your more serious question, wouldn't the whole President-nominates-Senate-confirms business also violate separation of powers? But you know what? That would mesh pretty well with some people's view of the "separation of church and state" -- absolute and impenetrable, and not even the Constitution itself may say otherwise!

By: Anderson

Anderson — Fri, 15 Jul 2005 19:15:12 +0000

Quite clueless, I agree. TAPPED probably has it right that the oxymoronically-called "moderate Republicans" are trying for brownie points from their constituents, without having any intent to vote against Osama bin Laden should Bush nominate him to the Court.

(Seriously, does it say anywhere that a supreme court justice has to be an American citizen? It's not in the Constitution; can Congress create additional criteria for being on the Court, or would that violate the separation of powers?)

By: Bithead

Bithead — Fri, 15 Jul 2005 14:36:47 +0000

Jinx!

By: Mark

Mark — Fri, 15 Jul 2005 14:30:13 +0000

Shouldn't this all be moot anyway since Rehnquist said he is not going anywhere?

By: Bithead

Bithead — Fri, 15 Jul 2005 14:26:13 +0000

The whole thing is moot, anyway, given Renquist's reluctance to retirment. If he's not retiring now, I predict he'll retire when they carry him out of the building, toes up. Thus the only issue is O'Connor's replacement. Which perhaps is the real issue going on here; The reluctance of the Senators to enter a fight at this time for any replacement at all. Not a suprising reaction, given the very public pre-nomination-fight, fight. (Smirk) Convincing O'Connor to stay on.

By: Rodney Dill

Rodney Dill — Fri, 15 Jul 2005 14:24:03 +0000

Is it even her choice to stay around at this point? after resigning wouldn't she have to be renominated by the President to even be on the Supreme Court again?

By: ICallMasICM

ICallMasICM — Fri, 15 Jul 2005 14:20:08 +0000

Cuz she's a chick?!?!