ConfirmThem

By AndrewHyman Comments () / Email this page » / Leave a comment »

Marty Lederman over at the Supreme Court Nomination Blog is pointing out that it's unclear whether Justice O'Connor will do what Justice Thurgood Marshall did. Marshall initially said he'd retire upon confirmation of a successor, but eventually he took the initiative to step down before Justice Thomas was confirmed.

If Justice O'Connor intends to step down before October 3, then it might make good sense for President Bush to appoint a recess nominee. He has until noon tomorrow to do so.

Whatever he does, let's please not have a Souter moment. Judge Clement may be more of an orginalist than Scalia or Thomas, but her record just isn't there. Why take a chance when there are clear winners like Owen, Jones, Garza, and Luttig? As Mark Levin put it today, "if Clement is as solid as some (a few) say, then let's see the evidence. Point us to the writings, the speeches, anything. Otherwise, count me among the detractors."

UPDATE: Lexie Verdon at the Washington Post Nomination Blog reports that Justice O'Connor today confirmed she will stay on until confirmation of a successor. Some background info about recess appointments is here and here.