Roberts' Nomination Does Not Mean O'Connor Will Stay
From appellate whiz Peter Goldberger (in the TL commments):
Justice O'Connor does not "have to stay for awhile"; she can supersede her conditional resignation letter with an unconditional retirement. I believe this is likely, given the motivation for her leaving the Court, which is to devote her primary attention to her ailing husband. I predict that she will announce her immediate retirement soon after Rehnquist's funeral.
It is important to understand that "Chief Justice of the United States" (not "Chief Justice of the Supreme Court," as Bush mistakenly stated this morning) is a separate office. Roberts is no longer proposed to replace O'Connor; his nomination to that position has effectively been withdrawn....
For the re-opened vacancy for an Associate Justice, I bet Bush picks a highly "conservative" jurist who is Hispanic (if he can find a Protestant -- gotta watch that base; Roberts is, what, a third Catholic on the Court? Further proof that real Christians are being discriminated against, right Pat?) and/or female.
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