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Friday :: July 01, 2005

Blogger Conference Call With Sen. Kennedy Re: O'Connor Retirement

Bump and Update: This just in from Senator Kennedy's office:

I also wanted to do a follow-up on Jeralyn's question regarding [Judge Edward] Prado - the Senator mis-spoke when he said he opposed Prado, specifically on civil rights. Senator Kennedy does not have a negative opinion of Prado. His statement on opposing Prado, specifically on civil rights, was a mis-statement.

See below for context.

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Original Post:

We had a blogger conference call with Senator Edward Kennedy today. After commending Justice O'Connor for her service, the key points he made were these:

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One Version of the Supreme Court Short List

by TChris

Over the next several days, many lists of potential Supreme Court nominees will be compiled. Here's the AP's. The speculative fun should end soon, as President Bush says he'll announce his nominee "in a timely manner"--although the White House expects him to take at least a week to make his decision known.

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CA Prison Health Care System Will Be Placed in Receivership

by TChris

Litigation over the sorry state of California's prison health care system (covered by TalkLeft here and here) prompted U.S. District Judge Thelton Henderson to announce yesterday that he will appoint an independent authority to supervise the administration of inmate health care.

Henderson, ruling in San Francisco in a class-action lawsuit, is expected to appoint a receiver during a hearing July 8, when he also will set the scope, authority and duration of the receivership. The judge could choose one or more receivers from among candidates suggested by the state prison system and attorneys for the plaintiffs.

Calling the system "terribly broken," Judge Henderson found it necessary to step in, given the state's inability to fix its own mess. In the words of Judge Henderson, "We're dealing literally with life and death."

Reform advocates were pleased with the decision.

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James Dobson on Sandra Day O'Connor Replacement

We knew it wouldn't be long...James Dobson of Focus on the Family has issued this press release on Sandra Day O'Connor's retirement and a replacement candidate.

"Today marks a watershed moment in American history: the resignation of a swing-vote justice on the Supreme Court and the opportunity to change the Court’s direction. The rulings by the Court this June, particularly the schizophrenic decisions on the 10 Commandments cases, have once again demonstrated the desperate need for justices who will interpret the Constitution as it was written, not as the latest fads of legal theorists dictate.

"President Bush must nominate someone whose judicial philosophy is crystal clear. And no one has been clearer about this than the President himself, who said during his campaign that he would appoint justices in the mold of Clarence Thomas or Antonin Scalia. We have full confidence that he will carry out that pledge."

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Bork Blasts O'Connor's Legacy

Crooks and Liars has the video of rejected Justice nominee Robert Bork on CNN today blasting Justice Sandra Day O'Connor's record.

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Howard Dean on O'Connor's Replacement

DNC Chair Howard Dean issued this press release today. Here's a portion:

President Bush should follow the example established by President Reagan when he nominated Justice O'Connor. President Reagan had the courage to stand up to the right wing extremists in his party by choosing a moderate, thoughtful jurist.

"A President faces no more important decision in terms of protecting the rights and liberties of all Americans than nominating a Supreme Court Justice. President Bush has a constitutional responsibility to do what presidents before him have done -- seek the advice of senators from both parties before making a nomination, and choose a mainstream nominee who will protect our most important rights and freedoms.

"Democrats hope this process can be one of consensus, rather than confrontation, but that will be up to President Bush."

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James Dobson is Already Mobilizing, We Must Too

Received from Progress Now, and I agree:

As you read this, James Dobson and the conservative social warriors are marshalling their forces and raising the money to sustain their fight. They've waited over thirty years since Roe v. Wade for this opportunity, and they are determined to see President Bush pack the Supreme Court.

We know that President Bush will nominate a radical right judge. We know that Republican Senate leadership will push for confirmation. And we know this will likely come down to a vote on invoking the "nuclear option" to circumvent the confirmation process.

We cannot allow James Dobson to drown out our voices. We need your involvement and support to apply constant pressure and help moderate senators like Ken Salazar stand against the tyranny of the right.

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Sites Covering O'Connor's Resignation and Replacement

Great sources for news and other coverage of Justice O'Connor's retirement and replacement

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TalkLeft Recommends Ed Prado for Supeme Court

We need a moderate to replace Justice O'Connor. She has been the critical moderate voice in deciding close cases. Like O’Connor, Judge Prado is a moderate. He is fair-minded and independent.

Justice O’Connor was an histroric nominee – the first woman on the Supreme Court. Judge Prado would also be an historic nominee – the first Hispanic Supreme Court Justice.

If Bush chooses a radical right or extremist candidate, he will be in for a huge fight. He can avoid this. The best consensus choice would be 5th Circuit Appeals Court Justice Ed Prado. President Bush nominated him for the 5th Circuit and he was overwhelmingly approved (97 to 0.) He's been on the federal bench since Reagan appointed him to the Distict Court in 1984.

Please check out Draft Ed Prado.

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O'Connor's Swing Votes on Supreme Court

PFAW provides this list of Supreme Court decisions in which Sandra Day O'Connor was the swing vote:

Key 5-4 rulings in which Sandra Day O’Connor was decisive

Sandra Day O’Connor has been the deciding vote in many important Supreme Court decisions affecting civil rights, environmental protection, personal privacy, voting rights, protection against discrimination, and more. If she is replaced by someone who doesn’t share her fair and impartial perspective, these are among the key 5-4 decisions in danger of being overturned:

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Will Replacement Be Alberto Gonzales?

I'm hearing that Bush is leaning towards Alberto Gonzales for the replacement for Justice Sandra Day O'Connor. The news is reporting that Bush won't make an announcement until at least next Friday.

Update: Armando at Daily Kos explains his opposition to Gonzales.

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NCADP on O'Connor's Retirement

Received by e-mail from the National Coalition Against the Death Penalty (NCADP):

The National Coalition to Abolish the Death Penalty issued the following statement Friday by Executive Director Diann Rust-Tierney:

Justice Sandra Day O’Connor has played an important role as the Supreme Court has begun to grapple more directly with the unfairness in the administration of the death penalty. She often cast the pivotal vote in close cases.

“Justice O’Connor expressed concern about the risk of innocent people being sentenced to death. Addressing a group of women lawyers in Minnesota, she once said,

‘If statistics are any indication, the system may well be allowing some innocent defendants to be executed. More often than we want to recognize, some innocent defendants have been convicted and sentenced to death.’”

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