In 2000 Democrats were on the offensive: If you vote for
George W. Bush, he will have the ability and the right to
nominate one - maybe two - Supreme Court Justices, and this
will destroy both the country and rule of law. I heard it
a million times. But something miraculous happened –
no one retired and no one died. We made it through a whole
term without a Supreme Court change (it had actually been
11 years). Then, in 2004, I guess Democrats were too busy
biting their own backs to make the point again. So, at the
beginning of Bush II, the Change finally came.
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William Rehnquist
The definitive member of the
Old Guard, Rehnquist, appointed during the Nixon Administration
and named chief justice by Reagan, served a term that
was discernible in its conservatism and marked a new definition
of judicial review. Legal scholars label him as one of
the most important and significant Chief Justices in US
History. He was noted for presiding in such landmark cases
as Roe v. Wade (a ruling he tried to overturn until his
death); the Bush v. Gore debacle; and, of course the legendary
decision Smeltit v. Dealtit. Rehnquist died on September
3, at the age of 80. |
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Sandra Day O’Connor
Sandra Day O’Connor, a
1981 Reagan appointee, was the first woman ever to serve
on the Supreme Court (unless you count transvestites like
Taft). She went to Stanford Law School at the same time
as Rehnquist, and dated him for a time. This might explain
why she was always described as the perennial swing vote
(though she swings way less now than in college). Her
moderate conservatism often decided which way the 5-4
decisions would fall, making her one of the more critical
votes of the nine. Although she announced her retirement
in July, she continues to sit on the bench until her replacement
is confirmed. |
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John Roberts
John Glover Roberts, Jr. was
originally nominated as O’Connor’s replacement.
After Rehnquist’s death, Bush nominated Roberts
for Rehnquist’s position of Chief Justice instead.
After months of bickering, Roberts, on the strength of
his record and his showing at the confirmation hearings,
was approved by the Senate by the record vote of 78-22,
the clearest margin in US history (Rehnquist was only
confirmed 65-33). Roberts, 50, is the youngest Chief Justice
since 1801 (John Marshall – 45), and the third youngest
in history. Although it is too early to either criticize
or laud Roberts’ agenda, he has sworn to increase
the Supreme Courts caseload, which sank by half during
Rehnquist’s term. |
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Harriet Meirs
It makes a good punch line.
Although it’s more fun to say that Harriet Meirs
got Borked, she still made for a good joke of a nomination.
When I was a kid, I learned the tremendously valuable
skill of the overbid. It goes a little something like
this:
(Scene: A kid who wants a Game
Boy Advance.)
Kid:
Hey Mom and Dad, can I have an Xbox 360 for Christmas?
It’s super awesome and everyone is getting one! |
Parents:
How much is it?
Kid:
Ummm.. like 500 dollars?
Parents:
Absolutely not. No possible way!
Kid:
But everyone else is getting one!!
Parents:
No!
Kid:
Please???
Parents:
No!! Just stop it now!
Kid:
Fine, then can I have a Game Boy Advance? Those are
only 150 bucks.
Parents:
Fine!
It works every time. Ask for way
more than you want. If they say yes, awesome. If not,
you can still look like a compassionate and bridge-building
compromiser by offering what you originally wanted anyway.
I think that’s what Bush did. The fact is Meirs,
who had ZERO court experience (and quickly withdrew
her name from nomination), could only have been a set-up
to get a more conservative, Bush-minded justice through.
So… |
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Samuel Alito
We honestly don’t know
that much about the man. We know the American Bar Association
listed him as “well qualified” for the position,
their top rating. We know he was Bush’s favorite
choice, although his loyalty to Meirs won out (see? I
told you.) There is a decently long and confusing court
record regarding abortion, the first amendment, and federalism.
All in all, although his record leans towards Republican
issues and he, like Rehnquist, would like to overturn
Roe v. Wade (though he promises never to do anything to
it), he is at least a thousand times better than Meirs.
And that may be all they need to confirm him. Good Luck,
America. We need it. |
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