Saturday, December 29, 2007

The United States Supreme Court

I don’t intentionally try to be first, I just usually am. Nobody else is writing about the United States Supreme Court but me; I’ll remind everybody of this in time.

I’ve written it a hundred times, the two most important responsibilities of the President of the United States of America are to provide for national security and to appoint judges to the federal bench, which includes the U.S. Supreme Court.

I think the next President of the United States will appoint two Associate Justices in his first term (Sen. Clinton will not be the next President so no need for the “her/his” prior to term). This should be a 2008 Presidential campaign issue given the importance, but it is not . . . yet.

The Associate Justices leaving the bench before January 2013 will be Justices John Paul Stevens and Ruth Bader Ginsberg. Yes, they are the two oldest members of the Court but that’s not the sole reason for my prediction.

Starting with Justice Ginsberg, she was born March 15, 1933. Seventy-five is not old by Court standards, nor is 79, the age she’ll be at the end of the next President’s first term. I’m not researching it too deeply but I just recall an awful lot of four sentence news stories in my papers over the years mentioning some issue of the Justice’s health. Well, her frailty is going to catch up with her in the next four years and she’ll either retire or pass.

I think Justice John Paul Stevens is a scoundrel. I think he would have retired earlier if there was a Democrat in the White House. I think they will have to pry that black robe from his cold, dead hands before he allows another Republican appointee (you, know because, he is a Republican appointee and so are Justices Souter and Kennedy, so obviously there is a Republican litmus test for conservative idealogues, NOT!).

Justice Stevens was born April 20, 1920. Eighty-seven is starting to get pretty old by Court standards. There could be some prying.

My thoughts are otherwise.

Justice Stevens is going to do me the favor of highlighting what I’ve been writing about for years: the second most important responsibility of the President of the United States.

Justice Stevens is going to announce his retirement after the Democratic and Republican Presidential nominees are official and prior to the 2008 General Election. He is going to make his vacancy a 2008 Presidential campaign issue.

Justice Stevens will do this for two reasons. First, he cannot continue for four more years. He will not take the chance that a Republican will name his replacement. Second, he thinks the issue will help the Democratic nominee and the assistance just may be enough to get the Democratic nominee elected. I think there is science to the latter calculation. I think appointing a U.S. Supreme Court Justice pushes traditional Democratic issues down on the list of campaign issues but it doesn’t trump the one issue that is more important, national defense, and that the Republicans traditionally have the advantage. I do think a U.S. Supreme Court opening is an issue that will help the Democratic nominee with more VOTERS so I think an issue that gravitates to the top of all voters’ lists will help the Democratic Party nominee.

I will thank Justice Stevens for helping me highlight the importance of appointing U.S. Supreme Court Justices but his dirty trick will not work; Gov. Mitt Romney will still be the next President of the United States.

Might Justice Stevens announce a change in retirement plans on November 5, 2008 or shortly there after? He might.

1 Comments:

Anonymous Anonymous said...

While I respect your forsight and a bit of limb-walking, I do not think that Justice Stevens would out his impending retirement prior to the election. As much of a scoundrel as he may be, it would be much below the dignity of a S.C. justice to do such a thing. Way too partisan, deliberate and intentional a ploy to sway an election. His obvious old age will give Democrats enough to go on about during the election. Time will tell, though.

7:28 AM  

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