SCOTUS Blog: "Uncertainty, but no turmoil on the Court"

According to the SCOTUSblog:

The Supreme Court will resume its formal duties in just over three weeks, facing a period of uncertainty -- perhaps lasting for several months -- in the wake of the death of Chief Justice William H. Rehnquist Saturday night. The Court will operate as close to normal as possible, with the senior Associate Justice, John Paul Stevens, in charge. Stevens is not expected to take any significant initiatives without fully consulting his colleagues, since he holds no formal position other than his own Associate Justiceship. The law does not provide for an "Acting" Chief Justice.

A Court of seven Justices can function fully, since the law specifies that its takes a quorum of six to take official action as a Court. The Court is scheduled to begin on Monday, Sept. 26, to review new cases that have developed during its summer recess. Hearings will begin as scheduled on Monday, Oct. 3. At this point, it is uncertain whether Judge John G. Roberts, Jr., will have been approved as a new Associate Justice by the time of either the Sept. 26 Conference or the beginning of hearings Oct. 3. If approved by the Senate, he would take the seat left by the retirement of Justice Sandra Day O'Connor.

Because the existence of two vacancies, rather than one, is expected to affect more profoundly the future of the Court, the process could become fairly lengthy. Although the White House and Senate Republican leaders are likely to stress the need to fill the vacancies as soon as possible, the difficulties that could arise in the process -- especially, political difficulties -- may not be resolved easily or quickly.

It is possible, of course, that the President could provide a temporary replacement for Rehnquist. That could occur if the Senate were to take a recess during the time that the succession to Rehnquist's seat is unfolding. It would be likely, though, that the President would want to give such a "recess appointment" to the individual he planned to name as a permanent replacement, so the selection of even a "recess Chief Justice" may not be done swiftly.
A recess appointee could serve until the end of the current Congress -- that is, until January of 2007.

The death of Chief Justice Rehnquist necessitates unprecidented leadership among "conservatives" in the Senate. The left will immediately commence a battle, the likes of which have never before been seen. Brace yourselves, boys and girls, this won't be a pretty fight and those on the right side of the isle better prepare for the fight of their political lives. Stay tuned!