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July 1, 2005

A preview of O'Connor's replacement?

A quick tour of my side-bar links already has me overwhelmed by all the SCOTUS buzz, especially over at The Supreme Court Nomination Blog, TalkLeft and How Appealing.  Though I have lots of broader thoughts, I will try in this space to stay on-topic by providing a sentencing perspective on the new Justice talk (as in my posts here and here).

In that vein, I noticed that the SCONo Blog has this post discussing four persons named as possible replacements for Justice O'Connor, and two members of that group — Fifth Circuit Judges Edith Clement and Edith Jones — just happen to be together on a sentencing opinion released today in US v. Garcia-Rodriguez, No. 03-40906 (5th Cir. June 30, 2005) (available here).  The opinion in Garcia-Rodriguez, which was authored by Judge Jones, turns on the application of plain error and does not break any important ground.  But, while everyone is busy speculating, I cannot resist wondering what Judges Clement and Jones might really think about a range of sentencing issues.

July 1, 2005 at 04:34 PM | Permalink


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Justice O'Connor's July 1 'resignation' letter to the President says:
"This is to inform you of my decision to retire as Associate Justice . . .
effective upon the nomination and confirmation of my successor. . . ."
Under law, can the President nominate a person for a seat on the Supreme Court before there is a vacancy?
Can the Senate confirm a nominee before there is a vacancy?
Was Justice O'Connor choosing her words carefully?

Posted by: Howard O. Kieffer | Jul 5, 2005 1:48:33 AM

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