O'Conner Retires

It begins:
Justice Sandra Day O'Connor, the first woman appointed to the U.S. Supreme Court and a moderate voice on such issues as abortion and the death penalty, said today she is retiring from the court.

"It has been a great privilege, indeed, to have served as a member of the court for 24 terms," O'Connor wrote in a letter to President Bush. "I will leave it with enormous respect for the integrity of the court and its role under our constitutional structure."

O'Connor, 75, said she would leave before the start of the court's next term in October or whenever the Senate confirmed her successor.

Among other things, it is very possible that a conservative replacement of O'Conner will result in Roe being overturned. This will be the biggest fight of the summer.

Update: Looking at the history of Planned Parenthood vs. Casey, it has come to my attention that while that decision was 5-4 in favor of upholding Roe, one of the four dissenters, Justice White, was replaced by Justice Breyer. Rulings during Breyer's tenure have made it clear that Breyer will uphold Roe. However, because Kennedy, one of the five, is only partially in favor of Roe, a conservatvie Justice will, at the very least, cause elements of reproductive rights to be struck down. It is somewhat less likely, though not impossible, that Kennedy will flip entirely.

Update 2: Recent polling on Roe. First, from Pew:

Pew Research Center for the People & the Press survey conducted by Princeton Survey Research Associates International. June 8-12, 2005. N=1,464 adults nationwide. MoE ± 3.

"In 1973 the Roe versus Wade decision established a woman's constitutional right to an abortion, at least in the first three months of pregnancy. Would you like to see the Supreme Court completely overturn its Roe versus Wade decision, or not?"

          Yes    No    Unsure
6/2005    30     63      7
1/2003    31     62      7
There also appears to be a new Gallup poll showing an even larger majority. Searching for a link.



Display:


Who cares? (none / 0)

It really has come to the point where I've given up on thinking our country can turn around and become liveable for me again.  So now I just don't care.
by ClintonLastPrez on Fri Jul 01, 2005 at 11:07:06 AM EST

Re: Who cares? (none / 0)

I tend to believe in Morgan Freeman's analysis of Hemingway in Seven...

"The world is a beautiful place and worth fighting for."  I believe half of that is true.

The world is ugly and evil, but it is still worth fighting for.  If not, then why go on living?  

People have changed things despite insurmountable odds.  Besides, Scalia and  Thomas wount be on the bench forever... As long as the liberals don't retire, we can get this back.  

by yitbos96bb on Fri Jul 01, 2005 at 11:13:33 AM EST
[ Parent ]

The world IS a beautiful place.. (none / 0)

And it does matter, tremendously, who is placed on the Supreme Court..  What we need to do is to get every single possible fact out and into a debate.. a national one, on every issue.. We've been lazy.. we need some serious accessibility, databases, web sites, containing histories and debates on all of these issues..

Dont let them silence us.. They will try.. They HATE any kind of REAL debate..

by ultraworld on Fri Jul 01, 2005 at 11:22:40 AM EST
[ Parent ]

No, it's GOOD.. (none / 0)

Lets force the GOP into defending their (guaranteed to be horrible) nominees.. Lets get these issues, like the Lauchner decision and the Federalist Society's annointing of Bush's nominees (do they really run this country?) out into the open..

Lets see democracy in action.. The opinions of Americans DO count. Lets make them see that they are losing, big time, in REAL AMERICA on their agenda of greed and fear..

by ultraworld on Fri Jul 01, 2005 at 11:25:45 AM EST
[ Parent ]

War.. Terrorism... (none / 0)

Don't put it above the extreme right to pull some ugly stuff out of their sleeve..

...

On an unrelated note..  ;)

FYI, if there is a war on US soil, say, because of nuclear terrorism, they can suspend the government..

If cities are blown up, they have to suspend voting because 'it could be influenced by terrorism', as I understand it..

Get my drift?

They are in power, even if their on the defensive, and then, especially then, they may just end up using every trick in the book to stay that way...

Don't underestimate them..

by ultraworld on Fri Jul 01, 2005 at 11:30:59 AM EST
[ Parent ]

Re: War.. Terrorism... (none / 0)

Yes... Star Wars 3 may be more than just Science fiction.
by yitbos96bb on Fri Jul 01, 2005 at 12:56:17 PM EST
[ Parent ]

Re: The world IS a beautiful place.. (none / 0)

But the problem is no one cares.  I bet 70% of America doesn't even know who she is or even how many seats are on the Supreme Court much less will be bothered to read a half page summery of what possible nominees stand for or understand what impact this could have on their lives.
by Gonzaga2000 on Fri Jul 01, 2005 at 11:26:52 AM EST
[ Parent ]

Bullshit.. (none / 0)

They DO care.. at least everyone I have spoken to does..

I live in a Blue State, but I can tell you, the American people aren't as dumb as they may look to some people..

THEY ARE JUST FUCKING BUSY...

by ultraworld on Fri Jul 01, 2005 at 11:33:08 AM EST
[ Parent ]

Re: The world IS a beautiful place.. (none / 0)

Americans don't care about ordinary politics. Nominations of S Ct isn't ordinary politics.
by bruh21 on Fri Jul 01, 2005 at 11:46:57 AM EST
[ Parent ]

Re: The world IS a beautiful place.. (none / 0)

I'm sorry I just can't help but think that most americans will spend more time learning about what scientology really entails given the whole Tom Cruise thing that read up on what Gonzales or scalito really stand for.  Whatever I hope I'm wrong, but more people voted in the first American Idol than the congressional election that year.
by Gonzaga2000 on Fri Jul 01, 2005 at 11:49:17 AM EST
[ Parent ]

Re: The world IS a beautiful place.. (none / 0)

You maybe right- but don't spend time worrying about it. In the last half and hour I have called 5 friends asking them to sign the American way petition and E-mailed a few more. I have also signed the petitions myself. I have also signed up to act as one of the people on stand by with my cell. Are you doing things like this or instead worrying about things we can't control?
by bruh21 on Fri Jul 01, 2005 at 12:19:37 PM EST
[ Parent ]

Re: Who cares? (none / 0)

Most women of child-bearing age, for starters.
by poemless on Fri Jul 01, 2005 at 11:55:47 AM EST
[ Parent ]

Re: Who cares? (none / 0)

Okay, so it's time for them to OPEN THEIR EYES.  I'm sick and tired of the "entitlement" generation.  Those folks need to stop shopping at Nordstroms and start caring about something.
by ClintonLastPrez on Fri Jul 01, 2005 at 12:31:06 PM EST
[ Parent ]

Re: Who cares? (none / 0)

What on earth was that in response to?

Err, it is not just rich 18 yr old girls who are of child-bearing age.

I can't tell what your point is.

by poemless on Fri Jul 01, 2005 at 12:34:03 PM EST
[ Parent ]

Re: Who cares? (none / 0)

Why do you think I was only talking about 18-year olds?  I'm talking about 18-year olds, soccer moms, etc.  They're too busy "living" to care about anything but their own day-long selfish interests....

It's the soccer moms who ultimately elected Bush because he would keep them SAFE, so they wouldn't have to worry about missing their hair appointments and baby showers.

by ClintonLastPrez on Fri Jul 01, 2005 at 12:46:42 PM EST
[ Parent ]

Re: Who cares? (none / 0)

Would you stop using that ignorant Cliche?  The entitlement generation... whoever came up with that should be ENTITLED to be drug in the street and beaten down.  It is a stupid cliche created by the boomers to describe the new people coming into the work force because after growing up without their parents around because they worked 60 hours plus a week, they feel that maybe there are more important things in life... like enjoying it and family.  OH MY GOD, they don't want to be forced to work 60 hours... or if they do work that much they want to be fairly paid for it.  They want to take their vacation time without worrying about being fired.  The boomers have f-ed up the priorities of this country worse than any in the last 100 years.  They have taken selfishness to a new extreme and expect those in the "lower caste" to break their backs so that those on top can remain there and get richer.  Family is only important in politics, but in reality the most important thing is MONEY.  Then we hear them complain about the kids today... well, when no one is at home to raise them because they are working 60 plus hours... yeah, they are gonna be somewhat wild.  They got raised on MTV and the increasing sexification of television... without the proper parental guidance BECAUSE A LOT OF THE PARENTS WERE TOO BUSY IN THE OFFICE!

The newer generation feels that money is not the most important thing.  They like to enjoy life.  They feel that they should get a fair share of the pie if they are going to work their asses off... instead of making the Waltons rich while they live on welfare.  GREED IS NOT GOOD!  Gordon Gecko was full of crap.

Ok, Sorry for the rant, but that label just pisses me off.  I am not even part of that generation (I am the tail end of Gen X), but it just bugs the hell out of me that the generation is negatively looked at because they want to be fairly treated instead of working 60-80 hours so that maybe in 30 years they just might have a big salary... although the chances are slim.

My apologies for lumping all boomers together as I know you are all not this way.  It just seems to be an overwhelming theme with many of your generation.  But I know many boomers who do not act this way.  

by yitbos96bb on Fri Jul 01, 2005 at 01:09:41 PM EST
[ Parent ]

Shitty Day (none / 0)

My step mother's brother dies, friends lose their job and now this.  Man this is gonna be a shitty weekend.
by yitbos96bb on Fri Jul 01, 2005 at 11:09:31 AM EST

The fight is on! (none / 0)

This news has the potential to change not only the US Justice system, but the congress as well. This could be the trigger for the Republican's nuclear option. (www.liberalog.blogspot.com)
by Adam Schafenberg on Fri Jul 01, 2005 at 11:11:41 AM EST

Best case... (3.00 / 0)

Looks like best case scenario is for Bush to nominate Gonzales.
by Gonzaga2000 on Fri Jul 01, 2005 at 11:14:38 AM EST

Re: Best case... (none / 0)

best case is actually one of the Senate moderate conservatives such as Graham or the the Sen from FL
by bruh21 on Fri Jul 01, 2005 at 11:23:14 AM EST
[ Parent ]

Zombies.. (none / 0)

Most of the GOP senators I have seen on CSPAN look like smirking robots or zombies..

Can you name a Republican senator who speaks and acts like a human being and who clearly cares about the people of this country.. genuinely?

I saw one GOP Senator or Congressman from NJ on the religious freedom hearings a week or two ago who seemed like a caring, real guy..

Even though I am sure I'd disagree with him on some things..being human helps..  I met Senator Goldwater once (as a 10 year old child) and he seemed very warm and real.. That counts for a lot in my book.. The ones I see on TV are such obvious snide bald-faced liars..

by ultraworld on Fri Jul 01, 2005 at 11:38:23 AM EST
[ Parent ]

Re: Zombies.. (none / 0)

Reid made a suggestion of 4 people- Martinez, Graham etc as viable options. Best case scenario is probably going to be a "fiscal" conservative, and social moderate. It's on the social moderation where if we win we can win on two levels. Divide the neocons from the theocons (if the thecons don't get what they want here) and preserve the hard fought gains until 2008 on the S Ct
by bruh21 on Fri Jul 01, 2005 at 11:49:07 AM EST
[ Parent ]

Re: Best case... (none / 0)

That sickens me but your are right.  I shudder to have a guy who advocated torture but at least his ideology is a little better than Scalito and some of the other potentials I have heard about.  Lord, this scares the hell out of me.
by yitbos96bb on Fri Jul 01, 2005 at 11:26:00 AM EST
[ Parent ]

PANICKED (none / 0)

When i first heard this I panicked, because she is the swing vote on the court.  This is the time I expect all Democrats to join together in the Senate and thoroughly vet any extremists.  We have to get into action mode.
by NJDEM1 on Fri Jul 01, 2005 at 11:16:07 AM EST

Praying for the Rapture (none / 0)

Perhaps on the 4th of July the Rapture will occur and we can finally get on with things here on Earth.
DAGGER
by goplies on Fri Jul 01, 2005 at 11:18:08 AM EST

This is a nightmare (none / 0)

What else can you say when our best hope for retaining some privacy rights is a GONZALES nomination??!!
by bellarose on Fri Jul 01, 2005 at 11:18:18 AM EST

O Connor was a swing vote (none / 0)

on the Court. Rehnquist would not have mattered. she does on issue after issue including death penalty, gay rights, affirmative action and Roe to name just 4. We are in deep shit if we don't get a moderate conservative rather than a wing nut
by bruh21 on Fri Jul 01, 2005 at 11:22:20 AM EST

No I think we should push for gay marriage (none / 0)

despite it not popular and us not controlling the house or the senate or the white house....

What could possibly go wrong....

by donkeykong on Fri Jul 01, 2005 at 11:28:37 AM EST

I think we should vote for Ralph Nader..... (none / 0)

After all what is the difference between Gore and Bush.

There is no difference, the two parties are identical.....

by donkeykong on Fri Jul 01, 2005 at 11:30:09 AM EST
[ Parent ]

No I refuse to move to the center...... (none / 0)

The party is moving to the right ever since carter look at Nixon he was a liberal.

If we move to the center it will only move where the center is........

by donkeykong on Fri Jul 01, 2005 at 11:31:44 AM EST
[ Parent ]

I am proud to be a greeen..... (none / 0)

I am proud to be a green and vote for my green representative.
The democratic party doesn't represent me anymore.

The Democrats aren't willing to fight and make enemies in the senate what a bunch of cowards.

What good does it make to make friends with the GOP.......

by donkeykong on Fri Jul 01, 2005 at 11:34:16 AM EST
[ Parent ]

Howard Dean is my guy (none / 0)

He is a real shit kicker.

I don't care that he makes very public mistakes at times.

His standing with the GOP won't ever matter......

by donkeykong on Fri Jul 01, 2005 at 11:35:35 AM EST
[ Parent ]

Re: Howard Dean is my guy (none / 0)

YAY DEAN!!!Forget that Clinton DLC stuff...Clinton could've won on the neoeugenics platform he was so smooth.  Dean's the model for where we should be heading.
by Gonzaga2000 on Fri Jul 01, 2005 at 11:39:32 AM EST
[ Parent ]

Understand.. (none / 0)

That this nomination is really important..Don't let them tell you that "Torture Guy" Gonzalez represents anything other than a slide towards fascism..

Dont forget that the GOP blocked a huge number of Clinton's nominees from even receiving a hearing in Congress, through committee.. That justifies anything the Dems do. The GOP are utter hypocrites and the Dems are idiots for not making them pay for the way they have dragged democracy into the dust..

But we may be kicking and fighting, but we are not dead yet..

Fascism will not triumph....

by ultraworld on Fri Jul 01, 2005 at 11:43:59 AM EST
[ Parent ]

Re: No I think we should push for gay marriage (none / 0)

I bet anything that before the congressional elections we'll have another vote to constitutionally ban gay marriage.  Just a show of how much family values those up for running have.
by Gonzaga2000 on Fri Jul 01, 2005 at 11:30:51 AM EST
[ Parent ]

Re: No I think we should push for gay marriage (none / 0)

Vote?

If you have the SCOTUS tied up you just rule all marriage or partnership contracts or adoptions etc unconstitutional.

There is no Voting here.

by donkeykong on Fri Jul 01, 2005 at 11:36:44 AM EST
[ Parent ]

Re: an item to brighten your day (none / 0)

ROTFLMAO
by yitbos96bb on Fri Jul 01, 2005 at 01:13:09 PM EST
[ Parent ]

If Bush were smart (3.00 / 0)

Of course he'd nominate a "reasonable" conservative that could expect an easy confirmation but this is Karl Rove's administration and he will nominate someone who will motivate his base and show his contempt for the rest of the country.

We can stop this nominee if 40 Dems stick together on a fillibuster.   Rove will want to turn this into a mid term re-election issue so bring it on.   But let's be ready and commit to this upcoming battle.

by AlanR on Fri Jul 01, 2005 at 11:32:27 AM EST

Re: If Bush were smart (none / 0)

Expect a rabidly Conservative non Roe vs Wade candidate.  And not a female.  Remember O'Connor is Reagan's girl even though we have counter her friend many times.
by donkeykong on Fri Jul 01, 2005 at 11:38:37 AM EST
[ Parent ]

Re: If Bush were smart (none / 0)

So true it'll be a right wing nut and any critism will be labeled at partisan rhetoric from that biased liberal media right...
by Gonzaga2000 on Fri Jul 01, 2005 at 11:41:24 AM EST
[ Parent ]

This is what they've been waiting for. . . (none / 0)

The Fundies are celebrating today, I'm sure.  This is their "brass ring" and they're not going to back down from the fight.

In fact, I have less confidence in the Democratic Leadership's willingness to go toe-to-toe on this.

They'll settle for a stealth anti-abortion candidate.  You know, one of these assholes who have "never formed an opinion on Roe" (Yeah, right).  Like Clarence Thomas who suddenly turned rabidly anti-abortion only after he was confirmed.  

My only question is, just how crazy a wingnut will the Republicans rally around?  Will they settle for the stealth candidate this time or will they go nuclear over an avowed radical?  My bets are on the latter.

by bellarose on Fri Jul 01, 2005 at 11:57:07 AM EST
[ Parent ]

Re: If Bush were smart (none / 0)

If Rove is smart he'll pick Gonzales.  He knows that there'll be at least some fuss (most likely some real opposition) and he can use it to get the hispanic vote for the mid-terms.
by Gonzaga2000 on Fri Jul 01, 2005 at 11:43:29 AM EST
[ Parent ]

Hispanic Caucus criteria for new justice (none / 0)

GONZALEZ AND CHC OUTLINE APPROACH TO

POSSIBLE SUPREME COURT NOMINATION

..."Any nominee, whether Hispanic or not, should be committed to the core constitutional principles of equal protection and due process, and be sensitive to the laws that have opened doors for Hispanics and all minorities in education, voting, and employment," said Congresswoman Grace Napolitano, Chair of the Congressional Hispanic Caucus.

Past Supreme Court rulings on the rights of immigrant workers, voting rights, affirmative action policies at colleges and universities, and bilingual education have had long-lasting and far-reaching affects on the lives of Latino families.  Many of these rulings have been decided by one vote.

"The Supreme Court has played an historic role in the lives of minorities in extending equal protections and rights," said Congressman Charlie Gonzalez, Chair of the CHC Civil Rights Task Force.  "The courts are often the last resort - and sometimes the only resort - for minorities seeking redress from inadequate or unfair laws.  Like other minorities, Hispanics have faced discrimination, which often can only be addressed by the courts, and ultimately the Supreme Court, with its power to find discriminatory practices unconstitutional."

Earlier this week, the CHC offered to work with President Bush to identify a qualified Hispanic nominee for the Supreme Court.  The CHC also urged the President to consult with Senators from both parties stating, "Not only is this consistent with the Advise and Consent clause of the U.S. Constitution, but also with the bipartisan agreement among Senators that resolved the filibuster controversy."

...Bipartisan consultation on judicial nominees was successful when used by Presidents Reagan, Bush and Clinton to place Sandra Day O'Conner, David Souter and Ruth Bader Ginsberg on the Court."

by Read Black N Green on Fri Jul 01, 2005 at 11:39:43 AM EST

Kennedy (none / 0)

I've researched Kennedy's tenure extensively; there is no way he will do anything even remotely close to overturning Roe.  He initially was going to vote the other way in the Casey case, but changed his mind to swing the decision of the court.  Kennedy is, without a doubt, the most pragmatic member of the court.  We have nothing to fear from this man.
by malkori on Fri Jul 01, 2005 at 12:24:55 PM EST

At least Stevens didn't die! (none / 0)

I'm trying to make something good out of this.
by snaktime on Fri Jul 01, 2005 at 12:26:32 PM EST

Re: At least Stevens didn't die! (none / 0)

Oh God,

Don't give them any ideas!

by poemless on Fri Jul 01, 2005 at 12:34:42 PM EST
[ Parent ]

Age and extremism (none / 0)

The Washington Post listed a group of potential nominees.  Alberto Gonzales, at age 49, was the youngest of the group.  He'd be on the Supreme Court for 30 years, just like Clarence Thomas (age 47 at appointment).

Our best hope from the list was Ted Olsen.  He was the only "candidate" in his 60's (I think 64). One Senator, John Cornyn from Texas, was on the list.

I think this is gonna be Clarence Thomas II, a young minority who sucks.  Hope I'm wrong.

by David Kowalski on Fri Jul 01, 2005 at 01:07:11 PM EST

Good pickup on the Casey implications... (none / 0)

I think that's right...
by HKingsley on Fri Jul 01, 2005 at 01:25:59 PM EST

Crisis (none / 0)

Most people believe that Roe vs. Wade cannot be overturned.  Liberals have been warning the country for years that Repugs will outlaw a women's right to choose and they see this as their chance. The country will not believe us until Roe vs. Wade is overturned.

 Let us fight this battle with all our might.  We must vote out of office any Democrat who crosses party lines.  If we lose this battle it will be the crisis that leads liberals back into power.

by SRconbio on Sat Jul 02, 2005 at 03:11:34 PM EST

Not a Crisis (none / 0)

This is not a crisis.

  1. The score is still 5-4.
  2. Republicans talk, but they have no real intention of overturning Roe. Five Republicans were in the majority on Roe, and five Republicans (and no Democrats) upheld it with Casey.
  3. Even if Roe is overturned, it just goes back to the states. Most blue staters have nothing to worry about.

by wayward on Sat Jul 02, 2005 at 03:38:31 PM EST
[ Parent ]

Re: Not a Crisis (none / 0)

I pray you are right.
by SRconbio on Sun Jul 03, 2005 at 01:46:43 AM EST
[ Parent ]

Point of Information (none / 0)

White was replaced by Ginsburg.  Blackmun retired afterward and was replaced by Breyer.
by JPhurst on Mon Jul 04, 2005 at 04:19:42 PM EST


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