O'Connor's resignation opens complicated political process for replacement

By Shauna Leavitt

July 18, 2005 | Sandra Day O'Connor's resignation leaves a gaping hole in the Supreme Court.

On July 1, after serving 24 years, O'Connor announced her retirement at the age of 75. The Supreme Court made a historical leap when she was nominated by President Reagan to be the first female Supreme Court judge in 1981.

"One of the most important loses in [O'Connor's] retirement . . . is that we lose with her the only member of the court who has ever been elected to any office," said USU Associate Professor Penny Byrne, who teaches a senior-level class in mass media law. "Nobody else on the court right now has ever been involved in government except in the judiciary."

Sen. George Voinovich, R-Ohio, said O'Connor, who provided a swing vote on many key isues, was respected by people on both sides of the political spectrum.

"I think regardless of what our political persuasion is or our ideology, we all respect her for living up to her oath of office, and her presence on the Supreme Court is going to be missed by this country," he said.

U.S. Rep. Robert Wexler, D-Fla., added, "As we witness the departure of Justice O'Connor, whose moderate voice was often a swing vote, I am deeply concerned that the president plans to use this vacancy as an opportunity to upset the balance of the court."

This is the first time in 11 years a vacancy has opened in the Supreme Court and provides President George Bush with the opportunity to replace a centrist with someone more conservative.

Many predict Chief Justice William Rehnquist will also resign during Bush's term. Rehnquist is suffering from thyroid cancer and has been hospitalized twice since March.

Not since Richard Nixon was president have two seats in the Supreme Court have opened at the same time. Bush's selection will be closely watched by the nation.

"I'll pick people who, one, can do the job, and people who are honest, people who are bright and people who will strictly interpret the Constitution and not use the bench to legislate from," Bush said in a press statement.

Byrne explained, "The process (of selection) as specified in the Constitution is very simple -- the president has the power to appoint with the advice and consent of the Senate. In reality the process is far more complicated because of politics, history and tradition.

The Democratic party is urging right now . . . that President Bush consult with them before he names names. Some presidents have done that and some have not."

Bush said Wednesday he is looking at judges and non-judges. This will open the possibilities up to other government officials.

The Supreme Court justices and senators have indicated they would like to see someone brought in who can add diversity and real-world experience to the Supreme Court.

According the New York Times, 44 percent of the 108 Supreme Court's justices who have served were sitting justices when they were appointed, 23 percent were practicing lawyers, 1.8 percent were law professors and the remaining were serving in a government position.

“I think the American people want a Supreme Court which remains balanced and pragmatic," said Byrne.

It's anticipated the new judge will be chosen before the Supreme Court's next session begins in October. O'Connor will remain until a new judge is chosen.

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