Nucular Summer

O'Connor Retires. I'm sure everyone realizes this, but the fact that it's O'Connor means that we are going to have a political bloodbath. If it had been Rehnquist, it would have been no harm no foul if Junior had placated his base with another wingnut. O'Connor is a swing vote, which means that the theocrats and the anti-environmentalists and the corporate whores have a chance to do some real damage. The base is slavering for a chance to overturn Roe vs Wade and Karl needs to give them something for all their trouble.

I would suggest that everyone get ready to bombard the "gang of fourteen" the minute that Bush announces his choice, who I have little doubt will be completely unacceptable. They want this fight. It's the essence of their play to the base strategy and it gets the news off Iraq.

There can be no compromise on this seat.

7 Republicans:

* John McCain
* Lindsey Graham
* John Warner
* Olympia Snowe
* Susan Collins
* Mike DeWine
* Lincoln Chafee


7 Democrats:

* Joe Lieberman
* Robert Byrd
* Ben Nelson
* Mary Landrieu
* Daniel Inouye
* Mark Pryor
* Ken Salazar

Oh, and perhaps today is a good day to recall that while Sandra day O'Connor will always be remembered as the first female Supreme Court Justice, her legacy was tarnished irreparably during election 2000:

[A]t an election-night party on Nov. 7, surrounded for the most part by friends and familiar acquaintances, [Justice O'Connor] let her guard drop for a moment when she heard the first critical returns shortly before 8 p.m. Sitting in her hostess's den, staring at a small black-and-white television set, she visibly started when CBS anchor Dan Rather called Florida for Al Gore. "This is terrible," she exclaimed. She explained to another partygoer that Gore's reported victory in Florida meant that the election was "over," since Gore had already carried two other swing states, Michigan and Illinois.

Moments later, with an air of obvious disgust, she rose to get a plate of food, leaving it to her husband to explain her somewhat uncharacteristic outburst. John O'Connor said his wife was upset because they wanted to retire to Arizona, and a Gore win meant they'd have to wait another four years. O'Connor, the former Republican majority leader of the Arizona State Senate and a 1981 Ronald Reagan appointee, did not want a Democrat to name her successor. Two witnesses described this extraordinary scene to Newsweek. Responding through a spokesman at the high court, O'Connor had no comment.


Jeffrey Toobin reported this:

On . . . the day of the Supreme Court's first opinion on the election, O'Connor and her husband had attended a party for about thirty people at the home of a wealthy couple named Lee and Julie Folger. When the subject of the election controversy came up, Justice O'Connor was livid. "You just don't know what those Gore people have been doing," she said. "They went into a nursing home and registered people that they shouldn't have. It was outrageous." It was unclear where the justice had picked up this unproved accusation, which had circulated only in the more eccentric right-wing outlets, but O'Connor recounted the story with fervor.


She had to stay another four years just to save face after that, but now she's free to let Bush appoint her replacement, which was always her intention. That man owes her big time, both for his presidency and now the chance to shape the supreme court for a generation. Her tenure as the first female justice will very likely end with a replacement who will vote to overturn Roe vs Wade. That's quite an achievement.

Still, despite her partisanship, she's been incoherent enough that she could be counted on to at least give some cases a 50/50 chance at a decent outcome. Another Scalia and we are entering a new dark age.

It's probable that Bush will be looking at replacing her with another woman. On the other hand, being Republicans, they will likely think that having one token female on the court is enough and use her "slot" for a more electorally friendly minority. In any case, I'll be very surprised if he chooses someone in the least bit acceptable to anyone but the James Dobbsians. The want to set loose the hounds of hell.



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