Speaking of constitutional law, here

Speaking of constitutional law, here is Stuart Taylor’s take in the National Journal on upcoming Supreme Court developments. Taylor admits that the scenarios he sets forth for retirements and nominations constitute speculation based on grapevine gossip, not inside information. Let’s hope so, because many of his scenarios are not happy ones. For example, if Chief Justice Rehnquist retires, the open spot should go to a strong conservative such as Harvie Wilkinson or Michael Luttig of the Fourth Circuit where I sometimes practice. Edith Jones would also be a good pick, but not for the sake of nominating a woman. In no way would Jones be viewed as a plus by female swing voters. Bush should not pick Alberto Gonzalez to replace Rehnquist because his record as a judge in Texas was anything but conservative. Like Tayor, I have no knowledge as to what President Bush is likely to do. But he does seem to learn from his father’s mistakes. And one of his father’s biggest mistakes was the nomination of Justice Souter.


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