LONG, HOT SUMMER:

New Round of Speculation About Rehnquist's Farewell (NEIL A. LEWIS and LINDA GREENHOUSE, 2/22/05, NY Times)

When the Supreme Court resumes its term on Tuesday, Chief Justice William H. Rehnquist will again be absent from the bench because of his illness. Although he is not bedridden and has been regularly attending the justices' private conferences, his empty black leather chair will certainly set off a new round of speculation and chatter about his tenure on the court.

But for senior White House officials, as well as a handful of others who follow the court closely, a working assumption about what is going to happen has already taken shape. The strong expectation, senior administration officials and others said, is that Chief Justice Rehnquist is making his best effort to serve out the remainder of the term that ends in June before resigning. And the only question, they say, is whether the 80-year-old chief justice, who is suffering from thyroid cancer and the effects of his treatment, will be able to do so. [...]

The officials said that among the candidates being considered most seriously for nomination to the Supreme Court are a handful of federal appellate judges. Included on the list are Judges Michael W. McConnell of the United States Court of Appeals for the 10th Circuit, John G. Roberts of the United States Court of Appeals for the District of Columbia and J. Harvie Wilkinson III and J. Michael Luttig, both of the United States Court of Appeals for the Fourth Circuit. Another possible candidate is Judge Samuel A. Alito of the United States Court of Appeals for the Third Circuit, who sits in Newark. [...]

One outside adviser suggested that Judge McConnell had risen in the White House's handicapping because, among other things, he had been supported in his nomination to the appeals court by dozens of liberal law professors.

Before joining the bench, Judge McConnell was a law professor who was well known for his erudite criticism of legalized abortion. When he encountered opposition during his nomination to the appeals court, some 200 law professors, ranging across the ideological spectrum, signed a petition supporting his confirmation.

Baseball, hot dogs, apple pie and nomination hearings...

Posted by Orrin Judd at February 22, 2005 12:00 AM