DISORDER IN THE COURT?

The news of Chief Justice Rehnquist's cancer surgery has caused the usual speculation about vacancies on the court. A thought occurred to me as I was watching the coverage on network news this evening....What if John Kerry becomes President, but the GOP retains control of the Senate? Conversely, what if President Bush is reelected but the Democrats still maintain their ability to filibuster? What, you say those are the only two realistic possibilities? So, if that is the case is it possible that when the next vacancy occurs, which will be soon, no matter who is President the Senate will be thrown into turmoil by a confirmation showdown? Is it not also possible that the Senate will not be able to confirm a new justice? That there will be complete deadlock? I think it is not only possible, but probable. The sides are so divided, something we are seeing played out writ large in the presidential election, that they may not be able to come to some compromise. The only way out of this dilemma, it seems to me, is if the President chooses a Senator to fill the court vacancy. As we saw with Porter Goss and John Ashcroft, it's hard for members of the congressional club, especially the Senate club, to reject one of their own.