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:: A constitutional law blog by Scalia/Thomas fan David M. Wagner, M.A., J.D., Research Fellow, National Legal Foundation, and Teacher, Veritas Preparatory Academy. Opinions expressed here are those of the author and do not reflect those of the NLF or Veritas. :: bloghome | E-mail me ::

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    :: Friday, July 01, 2005 ::
    Justice O'Connor's resignation letter: her resignation is to be effective upon the confirmation of her successor, so apparently, if this administration messes up confirmation politics as badly as it messed it up (mainly by doing nothing all summer) in the case of Judge Bork, and it takes until February to confirm a successor, then O'Connor will be on the job and functioning until then.

    Meanwhile, The Washington Post says:
    The White House said later no announcement will be made until the president returns from the G8 summit in Scotland. He is scheduled to return on July 8.
    Now, me, I can't see any reason to name a successor any time before Labor Day. That's long enough before the first Monday in October to give the Senate time to do a serious and proper advice-and-consent job, the more so since both "sides" already have thick files on all possible nominees. What a Labor Day announcement does not leave time for is a concentrated, professional, grass-roots campaign against one particular nominee. And the White House shouldn't leave time for that.

    If a nomination is announced earlier, it should only be because either or both of two conditions prevails:

    * Sen. Specter has promised to hold hearings during the summer, rather than waiting until September, and there are political hostages to make sure he keeps that promise;


    * Activist groups supporting the President's nominee are organized and ready to go this time, in a way they weren't in 1987.

    :: David M. Wagner 1:03 PM [+] ::

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