Justice O'Connor to Retire

Supreme Court Justice Sandra Day O'Connor is retiring from the Court. The first vacancy since 1994, when Justice Stephen Breyer was appointed. For many (myself included,) this came as a surprise, as most eyes had been on Chief Justice William H. Rehnquist, after his October 2004 diagnosis of thyroid cancer. This, of course, leaves open the possiblity of two appointments in the near future, should Rehnquist retire before the next term starts in October.

There has been intense speculation on who will be the next nominee. Attorney General Alberto Gonzales has been mentioned, as has Justice Janice Rogers Brown, who was recently confirmed for the U.S. Circuit Court of Appeals. Names of senators (such as Orrin Hatch, R-Utah) have also been tossed into the pool.

Me? I like the Hon. Richard Posner of the Seventh Circuit Court of Appeals--he's exceptionally smart, articulate, and most importantly, a fair justice.

Good news for all you Democrats out there: In a recently released Gallup poll, a majority of Americans want Democrats to fight an unacceptable Supreme Court nominee. Unfortunately, a plurality of Americans want the court to move in a more conservative way, though it fell 10% short of a majority.

As for a recess appointment, yes, the President could, in theory, appoint a Supreme Court justice in the recess appointment, but his poll numbers are low as it is, and they'd drop immensely if he did that.

But expect a recess appointment for John Bolton, nominee for ambassador to the United Nations. I know I am.

Prediction time!

I predict...President Bush will make a shrewd pick--a moderate--that the entire country will approve of, and then, in the next vacancy, move laterally toward a far-right candidate.

-Nate Koppel