The American Spectator

CORNYN WARE br> On Friday, with the announced retirement of Sandra Day O’Connor from the Supreme Court, It took a few minutes for the news to set in on Capitol Hill, among Republicans and Democrats alike. After all, even the White House in briefing Republican leadership on the Hill spoke in the belief that it would be Chief Justice William Rehnquist who is retiring. /p>

“The White House seemed to be expecting Rehnquist first, that was what my boss was getting briefed on,” says a staffer for a Senator sitting on the Judiciary Committee. “We were told Rehnquist in July, possibly later this year.”

Rumors are already swirling about a possible third retirement after November. The most likely would be Justice Ruth Bader Ginsburg, who according to former Supreme Court clerks may be in poorer health than Justice Rehnquist.

“That’s the seat for [Albert] Gonzales, that third seat if it opens up,” says Department of Justice staffer. “All of this depends on how the first nomination goes, but the assumption here is that this is not the time for Gonzales.”

As of this writing federal Judge Emilio Garza is the frontrunner to replace O’Conner. There are several indicators, which may all be red herrings, but that is half the fun.

First, Texas Sen. John Cornyn met with the President, as well as Chief of Staff Andrew Card and several members of the White House Counsel office early Friday. Up on Capitol Hill, rumors were quickly swirling that Cornyn had been offered the Supreme Court nomination. Those rumors were fueled when his senior staff essentially went underground for several hours.

But later in the day, Cornyn was making television appearances to discuss the nominations process, as well as placing an op-ed about the process.

Cornyn is now believed to be the President’s point person in the Senate to help measure the level of support for potential nominees. “He’s the President’s ‘consultation’ guy,” says a Senate leadership source. “That’s how we’re proceeding. If he is the nominee, we will be surprised again. But that’s nothing new with this White House.”

Cornyn and Garza know each other from their days in Texas and other legal circles.