The Volokh Conspiracy

The Chief Justice must be feeling very unwanted right now.

"When asked by one reporter Friday if any speculation about his resignation is true, Rehnquist said: 'That's for me to know and you to find out.'"

Is it just me or was Rehnquist's answer to the reporter's question as arrogant as hell? When a public servant like him is talking to the press, he is indirectly talking to his bosses, the taxpayers. And so he owes it to them, I think, not to give them a smart aleck response. But instead Rehnquist sounded like he thinks he has an entitlement to his Supreme Court seat and that his intentions are really none of our business.

We pay your salary Mr. Rehniquist, I'd like to tell him. And we have provided you with all the perks of office you've been enjoying for the last couple decades. Couldn't you have simply answered something like, "I have not yet made any official decision. You will find out when I do." You are a pretentious ass. Don't let the door hit you on the way out, Mr. Rehniquist.

Is it just me or was Rehnquist's answer to the reporter's question as arrogant as hell? When a public servant like him is talking to the press, he is indirectly talking to his bosses, the taxpayers. And so he owes it to them, I think, not to give them a smart aleck response. But instead Rehnquist sounded like he thinks he has an entitlement to his Supreme Court seat and that his intentions are really none of our business.

Oh, give me a break. Compared to the hubristic, arrogant tripe that comes out of the mouths of Senators, Representatives, and - above all - the White House on a daily basis, Rehnquist's comment was downright humble.

On a different note, I've been thinking about what the White House's strategy should be if they would like to appoint two true conservatives to the Court.

I think it might make sense to nominate a Luttig-type to Rehnquist's seat. (I suppose Bush might have to nominate Scalia for Chief first.) I think a Luttig-type would be tough to fillibuster if the nomination is for WHR's seat--one, a real conservative is being replaced, and two, the Dems might not want to fillbuster both nominees, so they might wait to use it on O'Connor's "swing" seat. If the nominee is Garza, then it is even tougher to fillibuster because of race.

Second, I think it makes sense to nominate a woman (one of the Edith's I'd guess) to replace O'Connor. While the Dems might be able to generally justify a fillibuster after confirming the Luttig/Garza-type, I think that it'd be tough to fillibuster a woman, and I don't think there are too many moderately conservative, female candidates that they'd be able to point to as more qualified/less "right wing nutty".

And by the way, I feel that the above criticism of Rehnquist's comment is absurd.

If I were going to criticize the Chief's comment, which I honestly would not do myself, I'd characterize it as crotchety or spunky rather than pretentious. I mean, where's the pretense? He's got the lifetime appointment, as someone so politely reminded us, he's got the power to step down if he wants and it's our interest only, not our right, in knowing that's caused the brouhaha.

Ted: Your comment may not be original, I guess I've heard that sort of thing before. But it made me laugh out loud, hard enough to be heard downstairs. Thank you.

Well then, if I'm going to be wrong, let me be utterly wrong. Here's to 3.6 more years of the Rehnquist court; he'll bury us all.