William Rehnquist turns 80 this year and has already admitted to “thinking about retirement.” And, in case you needed yet another reason to vote for John Kerry in November, here are four very scary words you should consider: Chief Justice Clarence Thomas.
This isn’t just some far-right dream; it’s a plan for which Bush’s White House has apparently already laid the foundation.
White House lawyers have interviewed Supreme Court Justice Clarence Thomas as a possible choice to be the next chief justice, the author of a new biography says.
Thomas says he isn’t interested but could find it hard to turn down an opportunity to be the first black to lead the court, said Ken Foskett, author of “Judging Thomas,” out last week.
Thomas’ elevation, Foskett said, seems to be entirely dependent on the outcome of the presidential election.
Whether he is elevated to chief justice “all depends on Bush being re-elected,” Foskett said.
And the obligatory non-denial denial:
White House spokeswoman Erin Healy would not comment. “There are no vacancies on the court at this time,” she said.
It’s a scary scenario on its face, but it’s also a helpful reminder that George W. Bush has not seen a single vacancy on the High Court since five justices (including Thomas) helped hand him the presidency almost four years ago.
This is more than just a dodged-bullet; it’s the single biggest stroke of luck Dems have enjoyed in recent memory.
Almost every president, even those who only serve one term, get to name at least a couple of justices to the high court. Of the 42 people who have served as the nation’s chief executive before Bush, only one served a full term but did not have the opportunity to fill any Supreme Court vacancies (Carter). If we can get through the next three months, Bush will be poised to join very select company.
Ironically, it wasn’t supposed to be this way. Clinton only filled two vacancies, one in each of his first two years in office. For a two-termer, this was the fewest opportunities since James Monroe left the White House in 1825 (Monroe served eight years and appointed only one justice).
By Election Day 2000, the court had not seen a vacancy in six years and rumors about retirements were ubiquitous. The next president, most believed, would replace at least two justices, and perhaps even more. Since then, nothing.
It’s simply unrealistic to think Bush could go another four years with no high court vacancies. Consider:
* William Rehnquist turns 80 this year and has had health problems.
* John Paul Stevens, one of only two reliable left-leaning justices, turned 84 in April and is the court’s oldest member.
* Sandra Day O’Connor enjoyed her 74th birthday in March and has been the subject of retirement rumors for a couple of years now.
* Ruth Bader Ginsburg turned 71 this year and has also had health problems.
Something to keep in mind.