Supreme Court Business

There's news coming out of the Supreme Court, no word yet on whether or not Rehnquist will resign. (I hope he waits until next year.) Our treasonous Supreme Court has ruled that the Ten Commandments can be displayed in the Texas Capitol, but framed copies of the Ten Commandments can't be kept in a Kentucky Courthouse. Really, it's no skin off my nose either way, but I thought the split in their ruling was interesting. The Court declined to hear the appeal of two journalists, Matt Cooper and Judith Miller, who wanted the court to clarify whether or not a journalist can be fined or jailed for refusing to name their sources. (Clearly, if we are to protect the Constitution, our journalists must be able to use anonymous sources to protect those who would otherwise not speak out because of fear.)

Republicans are demanding that, if Justice Rehnquist steps down (or Sandra Day), Bush appoint a real Conservative, not a girly man like Anthony Kennedy. That's fine with me if they don't pick an Anthony Kennedy-clone. David Souter was a good Republican choice, too, and maybe even a Sandra Day-type would be all right. I'll bet Republican readers didn't like that.

As a liberal, I know and understand that the chances of the Democratic Party receiving a candidate in the Senate who we can respect is low. Just take a look at the shortlist of candidates (this one, too) and there's, really, only one man that is pro-choice and, well, non-ideological: Attorney General Alberto Gonzales.

Republican Justices come in two models: Ideological, such as Scalia or Thomas; or Sensible, such as Kennedy and Souter. (All of them, however, are, I must reiterate: treasonous.) Gonzales is Spanish for Souter, the Republicans have mockingly said and indeed it is. He's, really, the best we might get. However, I wouldn't be upset if a hard-right winger like Scalia were picked to replace Rehnquist. Scalia and Rehnquist are very similar, and so what harm will it do to us if someone that hard-right replaced Rehnquist? I think we ought to cut a deal with the Bush White House: Gonzales, or someone like him, to replace O'Conner if she retires (if not this term then the next) and you can have a Thomas-type for Chief Justice. Our main goal, since we really aren't in much of a position to negotiate or to defeat a candidate, ought to be in keeping the ideological markup of the Court the same for now. I know my opinion will rankle a lot of liberals, but I'm a pragmatic liberal and I think we need to keep in touch with the reality of our situation.

You know who I'd really like to see Bush nominate for the High Court, though? Kenneth Starr. It sure would be entertaining. (You can read about my attempts at corner Kenneth Starr over at my site, right here, here and here.)

(Edit: Arlen Specter doesn't believe that Rehnquist will resign and that's what I've come to believe, too.)