U.S. Supreme Court

Hillary the Justice: Talk of Double Supreme Court Vacancy Spurs Speculation

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A report that the White House is readying for the possibility of two Supreme Court retirements this year has spurred fears of contentious confirmation battles and speculation about potential nominees.

News stories suggest possible retirements by Justices John Paul Stevens and Ruth Bader Ginsburg, but many court watchers expect just one justice to leave: John Paul Stevens, the National Law Journal reports.

But that hasn’t quelled the “nightmare scenarios” of partisan battles over their replacements, according to the NLJ. “If two U.S. Supreme Court vacancies materialize this spring, they may have the same impact on the nation’s capital that two heavy snowfalls have had this month: gridlock, paralysis and frayed tempers,” the story says.

Taking the opposite view, some believe a double vacancy could make it easier for President Obama to win confirmation of at least one liberal nominee. Curt Levey, executive director of the conservative Committee for Justice, told the NLJ that Obama would “almost get a free pass on one of them, if there are two vacancies at the same time.” In such a scenario, conservatives would be reluctant to go after both nominees, for fear of seeming unreasonable.

Among those mentioned as possible replacements: U.S. Solicitor General Elena Kagan and Judge Merrick Garland of the U.S. Court of Appeals for the D.C. Circuit. There is also growing speculation that Secretary of State Hillary Clinton could be nominated, the story says.

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