Maine women deserve moderate court balance

When Justice Sandra Day O’Connor announced her retirement over the summer, the Association of American University Women of Maine and the Maine Women’s Lobby together honored her for her years of faithful public service to the nation, as well as her distinction as the first woman to serve on the U.S. Supreme Court. We thank her again now for her continued service as her tenure has extended into another Supreme Court term.

Justice O’Connor has played a critical balancing role on the court, acting as the swing vote on a number of cases that have clarified and protected many civil liberties and protections for women including decisions related to affirmative action, disability rights, reproductive health and privacy. Her departure leaves

the future of many close 5-4 Supreme Court decisions in serious question.

Two other women of national achievement and stature, Maine Sens. Olympia Snowe and Susan Collins, have demonstrated their willingness to work both across party lines and in consensus with the president when it comes to confirming federal judges. We urge them to continue to demonstrate that independence as they are asked to consider a new justice for the America’s highest court.

Given that Judge Samuel Alito has been nominated to replace the often-deciding vote of Justice O’Connor, it is more important than ever to ensure the moderate balance of the court by confirming a justice who reflects mainstream America and all Maine people. At first blush, Judge Alito is a troubling choice. Decades of progress for women and girls hang in the balance. AAUW will continue to evaluate Judge Alito’s record to determine whether he brings the appropriate judicial temperament and restraint to the nation’s highest court.

We will be looking closely a his position on upholding hard-fought constitutional rights secured through U.S. Supreme Court precedents on such issues as sex discrimination, Title IX, reproductive choice, and equal pay. We urge Snowe and Collins to do the same.

Maine women must pay careful attention to the future of the Supreme Court. It is not hyperbole to say that our lives hang in the balance – our health, our rights and our access to justice. We must now call on the tradition of strong leadership by Maine women in urging Snowe and Collins to again broker a path towards moderation.

We trust that our senators will carefully and thoroughly review Judge Alito’s nomination and make their own independent judgment on whether or not he is suitable for this pivotal appointment to the nation’s highest court and, therefore, will withhold judgment on the nominee until a complete record is established and hearings held.

We expect they will require clear and convincing evidence that Judge Alito meets the exacting standards required of this lifetime appointment – including an exemplary record in the law; a clear commitment to protecting the rights and freedoms of all Americans; and an approach to deciding legal issues that is free from political bias. Whether Judge Alito is such a nominee remains an open question.

Snowe and Collins should only vote to confirm judges whom they believe will uphold the Constitutional rights and freedoms of all Americans.

Maine women deserve and expect nothing less.

Barbara Nichols, of Orono, is Maine State Public Policy Chair for the American Association of University Women (AAUW).