THEY'RE AWFULLY GOOD AT SURPRISES:

White House researching potential justices (Deb Riechmann, May 29, 2005, Associated Press)

The White House has laid the groundwork to place more conservatives on the Supreme Court, scrutinizing the backgrounds and legal views of a shrinking list of candidates amid speculation that ailing Chief Justice William Rehnquist soon will step down. [...]

"The vacancy could come anytime after this Memorial Day weekend, we think," said Sean Rushton, director of the conservative Committee for Justice, which has close ties to the White House counsel's office.

"They have been winnowing the list down for some time now. I imagine they're down to maybe three or five -- a handful anyway -- who are their first choices," he said.

White House officials say it is inappropriate to discuss filling a vacancy that does not exist. They refuse to disclose publicly any details about how Bush might pick the first nominee for the court in more than a decade.

But those tracking the process say the counsel's office has researched the resumes of prospective justices, their court opinions and their views about constitutional law. Justice Department lawyers are carefully looking into the personal backgrounds of possible nominees. Justice Clarence Thomas was confirmed despite allegations of sexual harassment. One of President Reagan's nominees, Douglas Ginsburg, withdrew from consideration after it was revealed that he had smoked marijuana.

John McGinnis, a law professor at Northwestern University and former deputy assistant attorney general in the Justice Department's office of legal counsel, said he thinks Bush already might have made up his mind.

"This White House -- I congratulate it on its ability to be secret," McGinnis said. "It's entirely possible that Rehnquist has already communicated his intention to step down and the White House has a plan absolutely set."

Is this entire story based on supposition?

Posted by Orrin Judd at May 29, 2005 2:06 PM