The first female justice on the Supreme Court of the United States (SCOTUS) announced her intention to retire from the high court in a letter to President Bush. After getting the job in 1981, the distinguished Sandra Day O’Connor leaves a vacancy for Bush’s first appointment to highest court in the land.
Justice O’Connor leaves a long and distinguished career behind the bench. She’s had a few firsts for women during her lifetime. Back in 1973, she became the first woman in the country to serve as a state senate majority leader in her home state of Arizona. She served on all three branches of Arizona state government during his service to that state.
Then, in 1981, she became a true figure in American history when newly elected President Ronald Reagan chose her as his first appointment to the SCOTUS. She replaced then retiring Potter Stewart. She was the first woman on the highest court in the land.
Her touch has been felt in many decisions over the last two decades. She’s been seen as a moderate conservative who was the swing vote on many cases the court heard. Some swing votes of note include the McCain Feingold campaign finance bill as well as affirmative action for college campuses. She’s also been in favor of keeping abortion legal in most cases.
She reached another first earlier this year when she became the first woman to preside over an oral argument before the court. Both Chief Justice Rehnquist and Justices Stevens, the senior members of the court, were out and she presided over Kelo V City of New London, the recent, controversial eminent domain case. She was one of the four dissenters in this case.
The War Begins
Many had expected Chief Justice Rehnquist to be the first to retire as he’s been battling cancer for months now. At one point, he had to take a break from the bench for medical issues. O’Connor’s retirement shocked more than a few. While here retirement had been speculated, apparently no one took it seriously. Now that this hole is opened though, Senate confirmation will most assuredly be one of the most intense political battles in recent years.
The Senate’s recent struggles with the filibuster of President Bush’s appellate court nominees, some of whom had been waiting for years, will pale in comparison to the battle that’s before the Senate. President Bush hasn’t picked a nominee yet but regardless of whom he picks, the “nuclear option” will be put back on the table, even though a small group senators recently were able to table to the issue for purposes of the appellate court nominees.
Most had been expecting this battle; particularly since a number justices have been on the court for quite some time. Chief Justice Rehnquist was appointed as an associate justice by then President Richard Nixon in 1972. He’s served in the chief justice since 1986. Rehnquist is 81 and his health has been in rough shape in recent months because he’s been battling cancer.
President Gerald Ford appointed John Paul Stevens in 1975. Stevens is the oldest member of the court at 84. Stevens was brought in as a moderate conservative but over the years has come to represent one of the most liberal members of the court. Many have felt that the ideological shift of the Burger court from the Warren court worked Stevens into a more moderate position and eventually what most consider a liberal position today.
The U.S. Senate still has the John Bolton nomination on its plate and the president hasn’t been able to garner the votes to get Bolton through. Many have suspected Bush would make a recess appointment, may during the upcoming July 4th weekend. The administration have said they prefer the vote process but with the O’Connor retirement development, one would think the administration would be anxious to clear the plate for the upcoming senatorial “nuclear war” that’s coming.
John Stith is a staff writer for murdok covering technology and business.
