Supreme Court Speculation

Senators To Discuss Vacancy With Bush; Rehnquist's Plans Unknown

(CBS) 

Asked if they would talk about specific nominees with the president, Leahy said, "I think if he wants that kind of input, I think he will get it. But he will get it privately. I said to somebody earlier this morning, I probably won't quote a name on this program or any other program, because I don't want that to be the kiss of death for the nominee."

Specter was asked if having two vacancies to fill would change the president's selection process.

"I think it would change the equation." Specter said.

"One line of speculation is that it would give the president a chance to put somebody whom the conservatives would really like very much to fill where Rehnquist has been philosophically on the court, and somebody who is more of a swing voter, like Justice O'Connor."

Specter also said there had been some speculation that O'Connor might be willing to remain on the court if she has a chance to replace Rehnquist as chief justice.

"There had been a fair amount of talk about that possibility. And in her letter of resignation, she conditioned it on the confirmation of a successor. So there's some flexibility. Who knows? Some speculation is that she might reconsider if she were named chief justice," Specter said.

"I think it would be very tempting if the president said, 'Justice O`Connor, you could help the country now.' She has received so much adulation that a confirmation proceeding would be more like a coronation, and she might be willing to stay on for a year or so."