Eighteen years is a long time. While I commend former Supreme Court Justice Sandra Day O’Connor for stepping down in her mid-70’s and spending those years having a private life, it still raises a lot of questions. In the summer of 2005, everyone was certain that Chief Justice William Rehnquist wasn’t going to be on the Court much longer. He was 80 and looked it and he was suffering from thyroid cancer that would take his life a few months after he announced his retirement.
So, it was quite a surprise for some when it was announced that O’Connor was also going to be retiring as soon as her replacement could be announced and confirmd by the Senate. She was no liberal but she was mostly a moderate and was often the “swing” vote on the Court in regards to affirmative action and abortion. She had been appointed by “that sumbitch Reagan” in a very controversial move because no prior woman had ever served on the bench in almost 200 years. And some people felt that a woman’s place was still in the home. I feel it was done to quell some discomfort in Washington, D.C. followed by the failure of Equal Rights Act and the Watergate scandal.
While O’Connor may have inspired many women to go into law, I felt she may have been forced out by a Republican Party that wanted to help shape the image of President George W. Bush, whose popularity was massively waning by the summer of 2005. It would become worse following the aftermath of Hurricane Katrina and how most people saw W.’s ineffectiveness. (Let’s face, if Katrina had come through in the summer of 2004, John Kerry would’ve been the 44th President.) I’ve often said W. had the same domestic policy his father had – none. The phrase “Brownie, you’re doing a heckuva job” became a punchline and W. knew better than to do a public relations speech surrounded by New Orleans residents.
In a controversial move that still makes no sense, Rehnquist’s successor, John Roberts, was immediately made Chief Justice when he was sworn in about four weeks after Rehnquist died. It’s obvious the Republican Party was continuing to shape W. as the “greatest President since Reagan.” So, he got to name not one Justice but two within a short time frame. And his appointee is also the Chief Justice. And this is the same type of political party that likes to criticize others for their “sense of entitlement.”
I just think O’Connor should’ve stayed on a little longer. Maybe she was starting to have health issues she didn’t want to discuss and saw Rehnquist leaving as a time for her to leave as well. It’s been reported her husband, John, was in poor health as he was suffering from Alzheimer’s and she wanted to spend as much time with him and I can understand that. Some reports have speculated she meant to retire sooner but didn’t want to when a Democrat (Bill Clinton) was in office. But why didn’t see retire during W.’s first term?
Unfortunately, her successor would be Samuel Alito, one of the most conservatives ever. And from there, a lot of O’Connor’s fair and justified votes would become undermined by the last 18 years. Alito was chosen after W.’s previous pick, Harriet Miers, who served as counsel for him in the White House was heavily criticized. This was criticized by both sides.
Worse, Alito is in a power struggle with Roberts over control of the Court because he’s not conservative enough. Needless to say, Alito is the U.S. Attorney who led the longest federal criminal trial on record that result in an acquittal. The man has been looking for an opportunity to save his skin every chance he has. And even though Alito is reaching the same age O’Connor was when she decided it was time to step down, I don’t see that happening. Alito and others on the Court will be leaving feet first.
I can’t say much about O’Connor except I hope she realized in her later years what her decision to retire meant for America. Or if it could have made a change? Why should the burden have been on her the same it was on Ruth Bader Ginsburg? Like I said, she had been on the Court for about 25 years and that’s well enough time in my opinion. She got out when she could and went away from public life.
O’Connor was the first woman to be a justice. I just hope Ketanji Brown Jackson isn’t the last woman.
What do you think? Please comment.
Zane Says 