Saturday, July 23, 2005

Should Justice O'Connor Quit Now?

Now that there is actually a nominee for her seat, it might be helpful if Justice O'Connor were to announce her retirement is effective immediately, rather than awaiting Roberts' confirmation. Sen. Leahy has called O'Connor's statement that she would retire effective on her successor's confirmation "a great gift." A gift which may encourage the Democrats to stall Roberts indefinitely.

Ed Whelan at Bench Memos suggests above that O'Connor beginning the October term may be problematic because, among other things, she must remain on the court in order to participate in decisions for any cases she hears, and the decisions might not be issued for months after hearing oral argument.

Confirm Them suggests today that in future Supreme Court justices should give definite retirement dates.


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