Tomorrow’s Predictions Today

Assuming that Rehnquist does, in fact, resign tomorrow morning, I would repeat that 1)I think it’s very likely that Bush will, as is the historical norm, nominate someone from outside the court to replace him, even if the mobilizing possibilities of three hearings is tempting, but 2)if he does promote from within, it will be Thomas, not Scalia.

…Also, Mark Kleiman asks a very good question. Honestly, I think that liberals going along with the idea that Gonzales is some sort of O’Connor-like moderate are being played. There’s really no evidence for that in his judicial record, and seems to be counterbalanced rather strongly by the fact that he considers the Magna Carta an intolerable constraint on executive power.