July 8, 2005

Predicting the Rehnquist retirement.

Within an hour of hearing, last week, that O'Connor was resigning, I wrote this about the potential for a Rehnquist retirement:
I think we should still expect the Chief Justice to retire and see the retirement of O'Connor as a sign that the retirement is more likely. I know in the past Justices have waited a year to let the attention be given to another retiring Justice -- at least that was the case when Justice Blackmun retired one year after Justice White. But that was back at a time when there were a lot of retirements in succession. I think that now, with all these long years without a vacancy, processing two nominees together would help the transition.

The political arena is going to go absolutely wild even over one new Justice, and it seems to me that having two to confirm at once would be a way to control and manage the emergent hysteria. There would be more leeway in political negotiations with two vacancies, and less attention to the very specific interest in replacing the first woman with another woman. And we could have one crazy summer instead of two. Whether easing the political battle is a factor the Chief would or should take into account is another matter.

From William Rehnquist's personal perspective -- not that it's for me to say -- it would seem that he's lived with and accommodated himself to a familiar group for so long, that it would be difficult, especially for an older, ailing person, to deal with a newcomer. Perhaps not. Perhaps it would be energizing to welcome a new colleague, a fresh, young ally. Frankly, if I were old and ailing, I might want to stay in the thick of stimulating, new experiences.


Goesh said...

Though skeptical, I hope somehow it generates interest and learning and some type of participation on the part of the general Public.

Dirty Harry said...


He may have read your post and thought, "Gee, that's a pretty good idea. Very well reasoned. I think I will step down now."

You never know. Your logic was sound and convincing.

Dirty Harry said...

So, in a week you've gone from TV appearance, to Wonkette link, to showing the Chief Justice the door...

What could possibly come next?