...by making a recess appointment in Rehnquist takes a turn for the worse soon. Some question whether he would be able to get away with it - especially if the election were to head to the high court once again.
The NYT weighs in:
The political ramifications of filling a vacancy on the court would depend in part on when it occurred. The picture could be tremendously complicated if a vacancy were to occur while it appeared that a contested election was heading once again for the Supreme Court.
But even if the election goes off without a hitch (oh, but to dream!), I can still see Bush paying back his fundies base by appointing a new justice durting the congressional recess. Why not? His friends will think he's hero. They are already making the argument that he is obligated to fill the position before the body is cold: (below the fold)
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