GW Bush may get to nominate yet another Associate Justice for the Supreme Court

[Lincoln Republican]

Associate Justice John Paul Stevens, liberal jurist, turns 86 in April of 2006.

Suppose, as in the case of Thurgood Marshall, John Paul Stevens deems it necessary to retire from the high court, due to health reasons, or due to the possibility that his advanced age may hinder his judgment.

Suppose the Stevens resignation takes place in May, 2006, after his 86th birthday.

What does the President do?  Does he nominate yet another conservative to the high court, and risk an all out fight from the Democrats, possibly this time a more determined effort at a fillibuster?

Conservative possibilities, Maura Corrigan, Emilio Garza, Edith Jones, J. Michael Luttig, Harvie Wilkinson.  Any of these nominees, I believe, would have liberal interest groups and liberal law makers up in arms, and ready for a fight to the finish.

Or does Bush nominate a more moderate candidate, such as Edith Clement or Edward Prado, who would likely be much easier to confirm?

What course do you believe George W would or should pursue, and what do you think the results would be?       

[Lincoln Republican]

Isn't it tradition to retire under the same party of the person who nominated you?

(Stevens - Ford)

Not necessarily.  Associate Justice Thurgood Marshall was nominated by Lyndon Johnson and he resigned while George HW Bush was President.

[Lincoln Republican]

Agreed.

GWB should not compromise over his Supreme Court nominees.  Supreme Court choices have far reaching ramifications.

Luttig would be one of my top picks as well.

[Lincoln Republican]

To be clear, in spite of his liberal record, I have a great deal of respect for Associate Justice John Paul Stevens, and I wish him a long, healthy, and happy life, and hopefully he will have many more years upon this earth.

I simply brought up this issue because it is entirely within the realm of possibility that a jurist the age of Mr. stevens may decide to retire from the high court, at some point in time, as I said, due to health reasons, or even conceivably due to the issue of his age possibly affecting his decisions or judgment.

Associate Justice Thurgood Marshall resigned from the high court in 1991 at the age of 83, for example.

The issue of Mr. Stevens' age in this case is a legitimate subject of discussion, with absolutely no disrespect for Mr. Stevens or for his current ability to do the job.  It is a valid debating point to discuss the course of action that would or should be taken, IF Mr. Stevens decides to resign during the Presidency of George W Bush.

[Lincoln Republican]

Thank you.