WASHINGTON, D.C. – President George W. Bush called for “a dignified process of confirmation in the United States Senate – characterized by fair treatment, a fair hearing, and a fair vote” after learning that 75-year-old Supreme Court Justice Sandra Day O’Connor had resigned from her post.Bush, who favors the judicial philosophy of Justices Antonin Scalia and Clarence Thomas, called the more moderate and frequently decisive O’Connor, “a discerning and conscientious judge, and a public servant of complete integrity.” Bush also promised to select a replacement jurist “that Americans can be proud of” before the Court reconvenes in October.
Regardless of Bush’s reasoned words, those both in and out of the political world expect a fierce ideological battle to ensue during a selection and appointment process likely to strongly influence or even determine future Supreme Court decisions. The unexpected timing of O’Connor’s resignation has many wondering what response to expect from the White House, since the aged and ailing conservative Chief Justice William Rehnquist was the next anticipated retiree.
Speculation has already begun concerning who Bush will favor to replace the moderate conservative who became the first ever woman on the Supreme Court when past president Ronald Reagan nominated her, in fulfillment of his campaign promise to see a woman on the highest court. Justice Ruth Baden Ginsburg is now the only woman among the eight remaining jurists. An anonymous source reports that a brief list of potential candidates circulated throughout the White House last week did not include the names of any women or other minorities.
Nonetheless, Bush has indicated that he would like to name a Hispanic to the court and the names of controversial conservatives U.S. Attorney General Alberto Gonzales and Judge Emilio Garza. Some speculate that the list will be expanded now that the retirement Bush learned of on Thursday evening has proven to be O’ Connor’s. Other potential candidates are said to be judges Harvie Wilkinson III, Samuel A. Alito, Michael McConnell, John G. Roberts, Michael Luttig, and Emily Hollan Jones.
Sen. Edward Kennedy, D-Massachusetts and member of the Senate Judiciary Committee promised that, “If the president abuses his power and nominates someone who threatens to roll back the rights and freedoms of the American people, then the American people will insist that we oppose that nominee and we intend to do so.” Some political observers question the ability of Democrats to rally enough opposition votes.
The divided nature of the court and the anticipated retirement of its Chief Justice makes this first replacement since the 1994 introduction of Justice Stephen Breyer, additionally political. Although considered unreliable by conservatives and a sliver of judicial protection by liberals, her decisions – along with Justice Anthony Kennedy – often nudged the court’s decisions into the middle or toward the left.
O’Connor, who cites her age and desire to spend time with her family, including her husband, attorney John J. O’Connor, who is in the early stages of Alzheimer’s, as reasons for leaving the bench once a successor has been appointed, was part of the unanimous court decision to block COPA prosecutions from being enforced and observed that whatever decision resulted from the COPA case, it would have long-lasting implications for obscenity prosecutions. In her statement, O’Connor pointed out “the possibility that the use of local community standards will cause problems for regulation of obscenity on the Internet, for adults as well as children, in future cases.”
Bush has pledged to consult with senators on both sides of the aisle in order to fill the vacancy with someone possessing “a high standard of legal ability, judgment, and integrity, and who will faithfully interpret the Constitution and laws of our country.”
News of the search for a replacement justice has drawn mixed response, including an assurance from Woodhull Freedom Foundation (http://www.woodhullfoundation.org) Executive Director Ricci Levy observed that O’Connor’s resignation “marks the start of the battle for the soul of the Supreme Court” and vowed that the sexual freedom organization would monitor the nominating process. WFF also called on President Bush “to honor Justice O’Connor’s years of dedication to the Constitution by naming someone who will carry out her vision.”
