A Stitch in Haste

Senate Democrats are suggesting that they might invoke their prerogative under Senate rules to delay the confirmation hearings for Judge Samuel Alito's nomination to the Supreme Court.

Although not going quite so far publicly (yet), the groundwork is being laid to make the warrantless wiretapping scandal a litmus test for Alito, who has defended expansive interpretations of executive power in the past.

In other words: "Renounce the NSA program or you will be filibustered."

Whatever. I suppose that's (marginally) better than making abortion a litmus test.

I actually have an altogether different point to make: I don't follow those online fantasy futures markets at all, but I wonder whether there's any "trading" in the potential that Justice Sandra Day O'Connor is going to say "enough is enough" and just quit.

As a reminder, she had promised to remain on the Court until her replacement was confirmed. That was three nominations ago:

--Roberts: "Too good for your slot."
--Miers: "Not good enough for your slot."
--Alito: "We'll get back to you."

Also as a reminder, the primary reason for her retirement was her desire to care for her husband, who has Alzheimer's.

Enough is enough.

I leave to others the analysis of a potential eight-member Supreme Court. My point is merely that Justice O'Connor is certainly entitled to change her mind, and with each new delay she should certainly consider doing so.