On Bush's Pick

I've been emailing a lawyer friend of mine, Chris, regarding Bush's pick for the Court. I thought I'd share some of his insights with you. Read more from Chris (Layman, in the blog world) at Christian Cadre.

Frankly, I doubt he's changed his mind since he learned O'Connor was leaving. But that does not mean he did not go over everything again. Or, it could be that Bush had picks for different scenarios (O'Connor retires but Rehnquist stays; Rehnquist retires but O'Connor stays, Rehnquist and O'Connor retire), and was waiting to see how this scenario was going to play out as far as Rehnquist is concerned (I met him too four years ago, frankly though his mind was fine his body seemed frail).

One thing to keep in mind about leaks is that often there are factions within the administration or interest groups who intentionally leak names to try and sway public/base opinion in their favor. The hope is that momentum will build behind the "leaked" name and add further pressure to the administration to pick that person. Or, some leaks may be designed to damage competing candidates. For example, there was a leak that Garza had something bad in his paper trail and was therefore off the table. Then there were more leaks saying Garza was not off the table but the leak about his paper trail was made by those (within the admin) trying to prevent his nomination.


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