The lingering Justice O'Connor.

What is the effect of Justice O'Connor's continuing on the Court this term? What of all those lawyers who have shaped their arguments specifically to appeal to her way of thinking, whose briefs are already filed? And what of the lawyers who've considered or who are considering doing that, without knowing whether she'll be there to decide the case or not? Then there's the particular case of Jay Sekulow, director of the American Center for Law and Justice, who said, in a White House sponsored conference call pushing the Miers nomination:

"Let me tell you this from the perspective of someone who litigates cases regularly in the Supreme Court of the United States. I'm involved in three three cases at the Court this Term, and believe me: I want Harriet Meirs up there voting on these critical cases."

Eric Muller is very outraged at Sekulow and the White House. But Sekulow clearly states that he doesn't know for sure how Miers will vote. And I note his probable, though unspoken, preference to be free of O'Connor's vote.