NationStates Jolt Archive

Here's one that occurred to me when I saw that Chief Justice Rehnquist went into the hospital with throat cancer last week.

Everyone in the media has been talking about the legal challenges expected from both sides in the event that this election is as tight as the polls are claiming it is. (Personally, I don't think it'll be all that close, but I've been wrong before.) Tens of thousands of lawyers of all political stripes ready to do battle in the courts and take it, if necessary, to the Supremes.

Now let's assume that Rehnquist dies or retires while in the hospital before any case dealing with Bush v. Kerry makes its way to the court. Suddenly, any partisan case before the court goes 4-4, and the holding of whatever lower court sent it to them holds up. For example, if Scalia had recused himself like he should have from Bush v. Gore, the Florida Supreme Court ruling would have stood and we'd likely be looking at Gore v. McCain right now instead of Bush v. Kerry. (God, wouldn't that be a beautiful choice to make?)

If Rehnquist retires or dies, Bush can make what's known as a recess appointment, like he did for Pickering, and there's nothing that Congress could do to stop it. Bush could put his daughter on the court through a recess appointment and it would stand until the next time Congress was in session. So let's say it's close, and there are lawsuits, and we don't have a clear winner on Nov. 3, and Rehnquist dies or is pressured to retire if he can't sit on the Court. Would Bush put an openly partisan supporter on the court and dare the other conservative members to break with him?

Or have I been drinking too much coffee lately?

In the final days and weeks of his life we can only hope that rehnquist comes to understand that helping the bush junta keep their stranglehold on america will cause him to go to hell.

In the final days and weeks of his life we can only hope that rehnquist comes to understand that helping the bush junta keep their stranglehold on america will cause him to go to hell.
I think Rehnquist, along with Scalia and Thomas are lost causes. They'll convince themselves that they're doing the lord's work before they'll back down. But I think that Kennedy, and especially O'Connor, worry about the reputation of the court, and I think that if Bush tried such a blatant power move, at least one of them would back down.

In the final days and weeks of his life we can only hope that rehnquist comes to understand that helping the bush junta keep their stranglehold on america will cause him to go to hell.
That's not very nice.

That's not very nice.


All the same, it is true.

You could be right. But again you do not know every detail of the event (you are an outside observer), so you cannot be sure of any certain theory.
There is so many conspiacies going on in the world, it is not even funny.

The presidency race has such high stakes, that the candidates would sell their mothers if it would give them a point or two.

What a bunch of bovine scatology

I checked the Constitution. He can do it. I'm scared.

I checked the Constitution. He can do it. I'm scared.
Yeah, I don't like the thought of having to depend on the good will of two Supreme Court Justices who have already sold the Constitution out once for political purposes. We better win this thing in a blowout, because if it's close, it's gonna get real ugly. And considering all the news stories of both Democrats and Republicans threatening each other with physical injury, I wouldn't be surprised if someone ends up dead before this is all over.