Over at Human Events, Sean Rushton reports on rumors that Supreme Court justice John Paul Stevens could retire due to health problems. Stevens is widely regarded as a left-wing jurist — living Constitution, voted to uphold Roe, etc. — and retirement before Bush leaves would give the president a chance to give the court a solid conservative majority.
Given Stevens’ suspected condition, I’ll leave my subjective analysis at this: I wish Stevens and his family the best, and everyone reading this should too. Now is not the time to evaluate the judge or argue my judicial philosophy.
As to near certainties for the future, American Enterprise Institute scholar John Lott — who’s done scientific analysis of confirmation battles — predicts that if this is true “you haven’t seen a confirmation battle [like] what you would see at that time.” Such a battle will depend on tomorrow’s election, as well as Democrats’ willingness to filibuster or vote down nominees on ideological grounds. Neither party has had a problem doing that in the past.
Robert VerBruggen blogs at http://robertsrationale.blogspot.com.
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