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October 5, 2005
The Problem With Harriet
Things to think about...
1) Bush can claim attorney/client privilage on a whole shitload of issues, documents, ecetera. He can also easily claim executive privilage. This means if Harry worked on many cases for the WH (including the one currently being argued, Oregon's assisted suicide law), we don't get to see her opinions or legwork. Also...
2) O'Conner can't vote on, say, the Oregon case if the opinion is presented after she leaves the court. She can hear arguments (as she did today), but cannot vote, which means eight votes. Good for us, for now. Harry could vote, but she, according to all legal ethics, should recurse herself since she DID work on the case for the WH (against the Oregon law allowing phy-asst. suicide, natch). But will she? Marshall didn't on MADISON V MARBURY and he had twelve fingers in that pie. 'course, that was our first chief justice, the one who denied Indians the right to negotiate land deals (JOHNSON V M'INTOSH)
Posted by emily at October 5, 2005 4:12 PM