Talking Points Memo - July 1, 2005

(July 01, 2005 -- 11:11 AM EDT // link // print)

So there we are. A semi-surprise: O'Connor retires rather than Rehnquist, though considering the fragile state of the Chief Justice's health, it now appears overwhelmingly likely that President Bush will get at least two Supreme Court nominations, possibly more.

(July 01, 2005 -- 01:53 PM EDT // link // print)

Hilarious, even for the pitiful standards of Fox News. Apparently C. Boyden Grey, one of the most pivotal players in the court wars of the last two decades (basically the quarterback on the right), is Fox's Supreme Court Analyst. I guess Ralph Neas should be the CNN analyst, right?

(July 01, 2005 -- 02:33 PM EDT // link // print)

Matt Yglesias and Atrios are right on this one. The end of Roe v. Wade is likely to be the most immediate and conspicuous result of today's resignation. But don't forget the effect in the workplace and the economy at large. The decision on who to appoint is in the hands of those who would turn the US economy back to what it was in the latter part of the 19th century, a world in which state and federal legislative action to insure the common good was hamstrung by court decisions that left everything in the hands of the marketplace.

(July 01, 2005 -- 04:32 PM EDT // link // print)

Feds bust MZM headquarters and Duke Stir.

Duke better make his pleadings now while O'Connor's still on the Court and there's a few criminal rights left ...

(July 01, 2005 -- 05:05 PM EDT // link // print)

TPM Reader mail ...

Atrios is correct that Casey was a 5-4 decision. But what he apparently isn't aware of is that one of the dissenters (Byron White), was subsequently replaced by a pro-Roe/Casey justice. Even without O'Connor, there are still five justices on the court who are on the record as favoring at least some kind of constitutional right to termination a pregnancy. Those five are Ginsberg, Breyer, Stevens, Souter and Kennedy. Sure, Kennedy's vote can't be counted on in the more extreme cases, like partial birth abortion. But unless he flip flops (which seems increasingly unlikely after his decision on sodomy), he's still going to strike down anything that resembles a ban on abortion.