ConfirmThem

By Erick Posted in SCOTUS — Comments () / Email this page » / Leave a comment »

I have spoken with my source, but only briefly. I've checked in with a few other people too. Here seems to be the gist of the Garza stories that are popping up.

The Lefty competitor to the Federal Society got wind of a rumor about Garza being appointed tomorrow and have been fanning the flames. It may be true, but it is most likely only true if O'Connor goes first, which is a strong possibility, but my source still says its the Chief first.

Garza is most plausible for O'Connor because (1) the President wants a Hispanic justice and (2) to replace O'Connor with someone more conservative, the President is going to need someone other than a white guy. It is a political calculation that it will be harder to replace a moderate with a conservative than an existing conservative with a conservative. So, to overcome the more difficult hurdle, it does make political sense to save Garza for an O'Connor resignation.

The source still thinks it's Rehnquist. The source thinks that Rehnquist does not want to retire, but thinks that Rehnquist knows now is the best chance for him to retire and get a replacement who is most like him. We'll soon find out if we're all chasing shadows down rabbit holes.