Friday, July 01, 2005

What else but Sandra Day O'Connor

I think my opinion on the Sandra Day O'Connor resignation is clear: I am very sad.

This isn't because

(1) I like Justice O'Connor as a judge. In fact, I think she has been a problematic judge, not only because of Bush v. Gore and her election night expression of "dismay" when she found out Florida had been called for Gore but because of other rulings as well. Just because she is in the "middle," doesn't make her anymore good and fair than anyone further right or left on that court.

(2) I didn't expect her to leave. I expected her to leave during Bush's first term, but I had put the idea out of my head, since Rehnquist retirement for awhile seemed more eminent.

Anyhow, basically I think Bush will appoint a right-wing female, thus pulling a Clarence Thomas (Bush Sr. appointed right-wing African-American Thomas in the place of the first African American on the Supreme Court, Thurgood Marshall when Marshall retired). He will probably appoint a right-wing woman in the place of O'Connor, the first woman on the court. Otherwise, he may go for nominating the first Hispanic ever. It seems exploitive to me for them to appoint a "first" of the race that most members of that race don't support, but that's the style.

Regardless, Bush will appoint someone to the right of anyone on that court, thus Democrats will have to be ready to fight. Bush has had no qualms about nominating the most divisive, right-wing people in the past, so why should he now?

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