There has been speculation for months that there would soon be a vacancy on the U.S. Supreme Court. The surprise this week was that the justice leaving is Sandra Day O’Connor, the first woman appointed to the country’s highest court, and not Chief Justice William Rehnquist who has thyroid cancer. Justice O’Connor, who was appointed by Ronald Reagan in 1981, became a swing-vote on the nine-member court, sometimes siding with her more conservative colleagues, but often going against them.
Speaking about Justice O’Connor’s retirement during a brief White House press conference, President Bush said he would look for nominees who “meet a high standard of legal ability, judgment and integrity, and who will faithfully interpret the Constitution and laws of our country.” The president also said “the nation also deserves a dignified process of confirmation in the United States Senate, characterized by fair treatment, a fair hearing and a fair vote.
“I will choose the nominee in a timely manner so that the hearing and the vote can be completed before the new Supreme Court term begins,” he added.
The best way to ensure the quick process the president wants is for him to choose a nominee in the O’Connor mold. While she was a conservative, her strong respect for our Constitution and laws moderated her views. This is true of many court nominees who are thought to be conservative or liberal but act much more moderate when they reach the high court. Their independent thinking likely comes from the lively debate among the justices and the thorough review of legal precedents that accompanies any opinion.
Justice O’Connor’s moderation came through in her opinions on some of the most contentious issues of her 24-year tenure, including abortion and affirmative action. Although she, through court rulings, limited the right to abortion, she blocked efforts by more conservative colleagues to overturn the landmark Roe v. Wade decision. She also rejected challenges to affirmative action in higher education, endorsing its limited use to increase educational opportunities for minorities and promote diversity on campus.
In a recent opinion, she rejected the Bush’s administration’s policy of detaining individuals suspected of being terrorists without independent review of their cases.
As Sen. Susan Collins said Friday, Justice O’Connor “brought integrity and common sense to her role on the bench. She has consistently demonstrated the highest standards of legal excellence.”
These are the qualities, not political leanings and controversial interpretations of the Constitution, that the president and the Senate should want in Supreme Court nominees.
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