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06-13-2007, 06:41 AM
http://spectator.org/dsp_article.asp?art_id=11572

By Quin Hillyer
Published 6/13/2007 12:08:44 AM

So let's imagine, for the fun of it, that when the Supreme Court closes its term in a few weeks, one justice stands up to read aloud parts of a strong dissenting opinion in an eagerly awaited, 5-4 decision. Once he finishes his comments on the case, though, he asks leave to change the subject. Then, to the amazement of everybody in the courtroom and indeed of almost everybody in the United States, the justice announces that he is retiring from the high court, effective immediately.

And thus, by fulfilling his desire to return to his cabin in the woods, does Justice David Souter begin the biggest, most closely fought Senate battle of the entire Bush 43 presidency.

What would happen? What would President Bush do? What would conservatives do? What would the general public think?

It's not out of the realm of reason.

Consider that Souter has never been known to particularly enjoy the grind and the spotlight of the Supreme Court. And consider that Souter was appointed by Bush's father, and that he might reason it would be fitting to retire under a presidency not just of the same party, but of the same blood -- but with an important twist. From the standpoint of a liberal such as Souter has proved to be, this would be a propitious time, because the current Bush is at almost unprecedented levels of unpopularity, meaning that he will be in the weakest position possible to replace Souter with a solidly conservative nominee.

At this point, Souter might reason, Bush will be all but forced to nominate somebody who is seen as a moderate consensus-builder, somebody who won't make waves...in short, somebody who is very much like the image Souter thinks he sees in his own mirror.

This might be what Souter would want. But it's not what Bush should do. Instead, Bush ought to pick a fight. He ought not only to try to shore up his base, but also to attract the American center again -- and he can do it with the same nominee. How? Because, properly framed, the battle over judges is one in which the American middle will agree with the American right.

**SCHNIPP**

Another Bush SCOTUS nominee?? It's certainly possible under the current circumstances, and would be guaranteed to drive the Left right off the deep end...

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