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 Outside the Beltway 

WHOM TO APPOINT

Terry Eastland says that, if Chief Justice Rehnquist steps down, President Bush should elevate Justice Antonin Scalia and then fill the vacant Associate position with a younger Scalia-like individual. While that would be my preference as well, it rather ignores an obvious point: absent an intervening election that both gives Bush a second term and brings the number of conservative Senators to 60, this is politically unfeasible. If the Senate Democrats are willing to filibuster lower court nominees, they’ll surely resist the takeover of the Supreme Court by principled conservatives.

About the Author: James Joyner is the publisher of Outside the Beltway and the managing editor of the Atlantic Council. He's a former Army officer, Desert Storm vet, and college professor with a PhD in political science from The University of Alabama. He lives just outside the Beltway in Alexandria, Virginia.

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