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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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    :: Thursday, July 07, 2005 ::
    Sobering. Novak says:

    1. Rehnquist will probably resign too, making the announcement within days.

    2. Bush is personally piqued by criticisms of Gonzalez, and could nominate him just to show he sticks by his friends. If there are multiple vacancies, this is all the more likely, but also less destructive, assuming the other nominee is from the A-list (Alito, Brown, Garza, Jones, Luttig, Owen, Roberts).

    While the Democratic huff-and-puff has been about the advice-and-consent function as an ideological check (by the left against the right, not the other way around, cf. confirmation process of Ginsburg, Breyer), Novak -- with Gonzalez foremost in his sights -- reminds us of what the Senate's role in Supreme Court appointments is really about:
    The Founding Fathers put the Senate ''advise and consent'' clause into the Constitution partly to combat cronyism. In Federalist No. 76, Alexander Hamilton opposed the president's nominees ''being in some way or other personally allied to him.'' Thus, the wonder in Washington is that a peeved Bush would defend Gonzales' selection on grounds of personal pique. So much is at stake in these Supreme Court nominations that surely the president must realize this situation transcends loyalty to a friend.

    :: David M. Wagner 10:48 PM [+] ::

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