Superfly
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O'Conner Urged To Reconsider Retirement

Fri Jul 15, 2005 7:04 am

http://news.yahoo.com/s/ap/20050714/ap_on_go_su_co/scotus_senate

Looks like a bi-partisan group of female U.S. Senators want her to stay on and don't trust Bush to pick a successor.
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dl021
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RE: O'Conner Urged To Reconsider Retirement

Fri Jul 15, 2005 7:25 am

Not likely. She has serious reasons and has already tendered her resignation to the President. I don't think you can unwind that action.
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Superfly
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RE: O'Conner Urged To Reconsider Retirement

Fri Jul 15, 2005 7:36 am

I don't know. I can't recall the last time there was a bi-partisan group of Senators asking a Supreme Court judge to stay on after announcing retirement.
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Hamfist
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RE: O'Conner Urged To Reconsider Retirement

Fri Jul 15, 2005 7:42 am

Doesn't really matter if they trust him or not. He was elected, thus get's the choice. It's quite pathetic (if true) that we have senators engaged in this kind of activity.

If I had to write a book about these recent "left" activities, I'd call it "101 Ways to Circumvent the Political Process When the Voters Have Cleary Showed That They Don't Trust You With the Senate, the House OR the Presidency"!

If you interpret the far left's activities as anything other than a last desperate attempt to hold onto the one part of the process (judicial) where they can force their minority views on the system, then you aren't paying attention or you just don't care.
 
Superfly
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RE: O'Conner Urged To Reconsider Retirement

Fri Jul 15, 2005 7:45 am

Quoting Hamfist (Reply 3):
If I had to write a book about these recent "left" activities

Scroll back up, read the article and back to me.
Two of these Senators are Republicans. Members of the President's own party.
This is hardly a 'leftist' coupe.
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FlyingTexan
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RE: O'Conner Urged To Reconsider Retirement

Fri Jul 15, 2005 9:09 am

Keep in mind, one of Justice O’Connor’s primary decisions to resign was her spouse’s ailing condition.
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tbar220
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RE: O'Conner Urged To Reconsider Retirement

Fri Jul 15, 2005 9:21 am

Quoting Hamfist (Reply 3):
It's quite pathetic (if true) that we have senators engaged in this kind of activity.

Two are republicans, two are democrats. This might just be more than some "leftist conspiracy". Also, why do you question that its true? Is the Associated Press article not good enough for you?
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ltbewr
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RE: O'Conner Urged To Reconsider Retirement

Fri Jul 15, 2005 11:47 am

I doubt O'Conner will ever reconsider for a number of reasons as already cited. She has served with honor and good balanced service on the court for over 22 years and in public service most of her adult life.
Today on the FoxNews website (yea, I know, but I like to see other views) had an article that a significant majority of those agreed to the question if there should be an age limit for members of the Supreme Court. I also agree with this, and it is common practice in many states for all levels of their judicary. If there were to be an age limit, like 75 on all federal judges, it would mean more turnover on the court, fewer issues of someone dying while serving, more opening opportunities for each President or their term, which may cause a more balanced court.
 
StevenUhl777
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RE: O'Conner Urged To Reconsider Retirement

Fri Jul 15, 2005 12:07 pm

Quoting Superfly (Reply 4):
Two of these Senators are Republicans. Members of the President's own party.
This is hardly a 'leftist' coupe

Collins and Snowe are VERY moderate Republicans, and probably more along the lines of conservative Democrats. Landrieu is very much the same way.

If the vote is close, it will be Sens. like Snowe and Collins (Gordon Smith of Oregon and Lincoln Chafee of Rhode Island also comes to mind) and a few others could make the difference between rejection and confirmation.

As for putting a blanket age limit on the SCOTUS, that's not a great idea. Kind of like forcing pilots to retire at 60. The point is, several are perfectly capable of serving in their full capacity into their late 80's.

Put yourself in their shoes...if you were 80, on the Supreme Court which is clearly a very high honor and in excellent health for that age, how would you feel if you were forced out purely based solely on your age, and not your ability to perform your duties? While I agree that the Court should be both male and female and also include minorities, putting an age limit on them is foolish.

As for O'Connor rescinding her retirement, don't count on it. Rehnquist today insisted he will continue to serve as long as possible, in other words he plans on dying in office. If Bush wants an arch conservative on the court, he better do it with this pick, while he has a 55-45 advantage in the Senate. He won't after Jan. 2007, the way things are going now.
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GuitrThree
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RE: O'Conner Urged To Reconsider Retirement

Fri Jul 15, 2005 12:20 pm

Quoting StevenUhl777 (Reply 8):
Put yourself in their shoes...if you were 80, on the Supreme Court which is clearly a very high honor and in excellent health for that age, how would you feel if you were forced out purely based solely on your age, and not your ability to perform your duties?

Well... old age might be the only explaination to the Supreme Court ruling on eminent domain two weeks ago...
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Pope
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RE: O'Conner Urged To Reconsider Retirement

Fri Jul 15, 2005 12:39 pm

Quoting DL021 (Reply 1):
Not likely. She has serious reasons and has already tendered her resignation to the President. I don't think you can unwind that action.

Not that I think it matters (because I don't think she'll revoke the resignation) but O'Conner's resignation said it was effective upon confirmation of her replacement.
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ANCFlyer
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RE: O'Conner Urged To Reconsider Retirement

Fri Jul 15, 2005 2:56 pm

Quoting Superfly (Thread starter):
don't trust Bush to pick a successor.

'Fly - trust is - for lack of a better term - irrelevent here. Bush is PotUS, O'Connor tendered her resignation, I don't believe it can be refused, it's Bush's call on a successor. Now - these senators have a process by which they can weigh in on the nomination and confirmation of a successor. It's worked for a couple hundred years . . . it will keep working.

And I'm rather impressed that they are a bi-partisan group. I am rather scared any time I see Barbara Boxer's name associated with anything however.

I would just fine with O'Connor staying on as Chief Justice as well.

Further, I'm almost pleasantly surprised to see that "Advice and Consent" appears to be working - at least for now.
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L-188
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RE: O'Conner Urged To Reconsider Retirement

Fri Jul 15, 2005 3:39 pm

Hopefully Scalia or Thomas would be nominated to replace Renquist when the time comes.
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willo
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RE: O'Conner Urged To Reconsider Retirement

Fri Jul 15, 2005 5:15 pm

Phew!

For a minute I thought this thread was going to be about the demise of the legendary "suntanned" crooner and butt of Morecambe and Wise jokes, Des O'Connor.



Then I saw it was about a US politician (different name spelling) that none of us Europeans have heard of! Sorry, mybad

[Edited 2005-07-15 10:18:02]
 
PHLBOS
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RE: O'Conner Urged To Reconsider Retirement

Fri Jul 15, 2005 10:37 pm

Quoting L-188 (Reply 12):
Hopefully Scalia or Thomas would be nominated to replace Renquist when the time comes.

Unless you're referring to the Chief Justice position, there still has to be 9 justices on the bench; someone outside the SC still has to nominated, confirmed & sworn in to replace the vacanct seat(s).

As far as the position of Chief Justice is concerned; I believe (someone w/some time on their hands can feel free to recheck the Constitution on this process to verify) that when the present CJ steps down, the first in line for the position is usually the next senior justice (based on seniority not age) which presently is Justice Stevens. If Stevens turns the position down (in case he decides to retire, after all, he's presently 85), then either the next senior justice (Scalia in this case) would either be offered the position or another existing SC justice would be nominated.

[Edited 2005-07-15 15:40:22]
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dvk
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RE: O'Conner Urged To Reconsider Retirement

Fri Jul 15, 2005 11:13 pm

Quoting PHLBOS (Reply 14):
As far as the position of Chief Justice is concerned; I believe (someone w/some time on their hands can feel free to recheck the Constitution on this process to verify) that when the present CJ steps down, the first in line for the position is usually the next senior justice (based on seniority not age) which presently is Justice Stevens. If Stevens turns the position down (in case he decides to retire, after all, he's presently 85), then either the next senior justice (Scalia in this case) would either be offered the position or another existing SC justice would be nominated.

That is only true in the interim. Chief Justices have sometimes been brand new appointees to the court, e.g. William Howard Taft, and other Presidents have bypassed justices with greater seniority when choosing a chief, especially if the senior justice was appointed by the other party. A good example was when Rehnquist became Chief Justice. Byron White had been on the Supreme Court a decade longer than Rehnquist, and Thurgood Marshall, Harry Blackmun, etc., had seniority. Reagan bypassed all of them to promote Rehnquist.
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Superfly
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RE: O'Conner Urged To Reconsider Retirement

Fri Jul 15, 2005 11:53 pm

Quoting Dvk (Reply 15):
Reagan bypassed all of them to promote Rehnquist.

...and at that time, Rehnquist was almost always the dissenting vote. There were many 8 to Rehnquist votes.
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PHLBOS
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RE: O'Conner Urged To Reconsider Retirement

Sat Jul 16, 2005 12:14 am

Thanks for the clarification/explanation Dvk. I will try to remember that the next time this subject comes about.  Smile

As far as Justice O'Connor's retirement is concerned. Since she made it clear that she was stepping down due to family reasons (mainly to spend more time to care for her ailing husband); it is highly unlikely she would reconsider returning. As stated previously, she has stated that she will still sit on the bench until her successor is confirmed.

Side item here: Not to be anal, but since there have been at least 2 or 3 threads covering the Justice O'Connor and the Supreme Court; it too much to ask that you spell her last name correctly? O'Connor. I've noticed 2 or 3 O'Conners (including the thread title) on nearly every thread dealing with this subject, including this one.

Trust me, spelling a last name like that is not too difficult. I could see where people could trip up w/spelling Reinquist or even mixing Ginsberg ('87 nominee who was rejected because he once smoked marijuana) with (Justice Ruth Bader) Ginsburg but O'Connor is a much more common name.
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Superfly
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RE: O'Conner Urged To Reconsider Retirement

Sat Jul 16, 2005 12:18 am

PHILBOS:
Thanks for the correction.  Smile
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PHLBOS
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RE: O'Conner Urged To Reconsider Retirement

Sat Jul 16, 2005 1:52 am

No problem, 'Fly. BTW, my earlier comment wasn't directed soley towards you; others were making a similar typo mistake.

Quoting PHLBOS (Reply 17):
I could see where people could trip up w/spelling Reinquist

Oops, my bad. Should be Rehnquist.  embarrassed 
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