This is an important meme that hasn't dawned on the Kool Kids Klub yet. We have to make sure it gets out there. Justice O'Connor's resignation is NOT effective immediately.
It's effective AFTER her replacement is nominated AND CONFIRMED. Meaning ... no recess appointments, because there won't be a vacancy to fill.
The letter (capital letters are mine):
This is to inform you of my decision to retire from my position as an associate justice of the Supreme Court of the United States effective upon the NOMINATION AND CONFIRMATION of my successor. It has been a great privilege, indeed, to have served as a member of the court for 24 terms. I will leave it with enormous respect for the integrity of the court AND its role under our constitutional structure.
(See the NYT page for the letter)
The GOP is already trying to circumvent this in their talking points. More below the fold.
Yesterday, we already heard Senator Allen talking about the need for a speedy replacement. I don't think he was discussing compassion for the Justice's ailing husband.
If they continue to ram the idea into the public's heads that there is a "crisis" and a "vacancy," they can rush through whoever they like before long. The Justice picked her words very carefully. She doesn't want anyone taking the seat by executive fiat. However, if we don't get someone in the media to directly discuss the terms of her resignation, we might even end up with a recess appointment ...
Remember, the GOP is also beginning to beat the drum about what a "mixed-record" justice she was. We had Bork and Meese on CNN yesterday ("ooh, they actually picked up the phone and called us!") talking about how she was a crummy justice, and not what Reagan expected. Darn straight.
If this keeps up, they'll shout HER down if the PResident decides he's waited long enough and wants to "fill the seat." I don't think he can actually appoint anyone, since there ISN'T a vacancy, but they can try to shout her down to leave and create one before long.
SO, we have to whip out the old email/blog lists and start writing to the Not-So-Kool-Kids. You know the drill. Olbermann. Stewart. Air America. And if frustration is your bag, write to the CNN, NYT, Time, Newsweek crew. We also have to get the great Duncan Black to put this angle up on his page, and Aravoisis ... although they don't like being told what to cover. And let's see ... is there any reason Chairman Dean hasn't mentioned this yet? I guess once Air America starts talking about it, the Dems will catch on. Except maybe for the Senator from B of A and Jar-Jar, but who cares about them.