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Uncle Thomas’ Court

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Several colleagues have expressed skepticism at my post-election claim that were Bush to appoint a Justice from within to fill the CJ vacancy that will almost certainly be left before the inauguration, it would obviously be Thomas. Well, has the Drudge Report ever been wrong before?

A top White House source familiar with Bush’s thinking explains the review of Thomas as chief justice is one of several options currently under serious consideration. But Thomas is Bush’s personal favorite to take the position, the source claims.

“It would not only be historic, to nominate a minority as chief justice, symbolizing the president’s strong belief in hope and optimism, but it would be a sound judicial move…. Justice Thomas simply has an extraordinary record.”

Ha ha–say what you will about Bush’s aides–they certainly haven’t lost their sense of humor!

Anyway, I do think that this is quite likely. While I’m sure he’d relish the opportunity to poke liberals in the eye, I’m sure Bush’s advisors know that Scalia would make a poor Chief (in terms of achieving the maximum number of conservative outcomes. As I’ve said before, as long as he’d on the court anyway I’d rather Scalia be the Chief and drive O’Connor and Kennedy away for a few more votes a year.) Kennedy lost his chance permanently by authoring Lawrence. Appointing the first African-American chief is the kind of symbolism-without-substance pandering that Karl Rove has to love. He may go outside, but I think Thomas is indeed the most likely choice (although Drudge getting the story does give me pause.)

Nor do I think that Bush will have to expend significant political capital to get him appointed. If his personal scandals didn’t sink him last time, they certainly won’t now that there’s a rabidly conservative majority in the Senate. The Dems are smart enough to save the nuclear option for the potential retirement of a more moderate Justice. If he’s appointed, he’ll be the Chief. And, really, wouldn’t his exceptionally reactionary mediocrity make him the perfect symbol of George Bush’s America?


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