July 1, 2005
TIME FOR THE ORDINARY JANICE ROGERS BROWN:
Sandra Day O'Connor to retire (July 1, 2005, ASSOCIATED PRESS)
Justice Sandra Day O'Connor, the first woman appointed to the Supreme Court and a key swing vote on issues such as abortion and the death penalty, said Friday she is retiring.O'Connor, 75, said she expects to leave before the start of the court's next term in October, or whenever the Senate confirms her successor. There was no immediate word from the White House on who might be nominated to replace O'Connor.
It's been 11 years since the last opening on the court, one of the longest uninterrupted stretches in history. O'Connor's decision gives President Bush his first opportunity to appoint a justice.
President Delivers Remarks on Justice Sandra Day O'Connor's Resignation (George W. Bush, The Rose Garden, 7/01/05)
Good morning. A short time ago I had a warm conversation with Justice Sandra Day O'Connor, who has decided to retire from the Supreme Court of the United States. America is proud of Justice O'Connor's distinguished service and I'm proud to know her. Today, she has the gratitude of her fellow citizens, and she and John and their family have our respect and good wishes.Sandra Day O'Connor joined the nation's highest court in 1981 as the first woman ever appointed to that position. Throughout her tenure she has been a discerning and conscientious judge, and a public servant of complete integrity. Justice O'Connor's great intellect, wisdom and personal decency have won her the esteem of her colleagues and our country.
Under the Constitution, I am responsible for nominating a successor to Justice O'Connor. I take this responsibility seriously. I will be deliberate and thorough in this process. I have directed my staff, in cooperation with the Department of Justice, to compile information and recommend for my review potential nominees who meet a high standard of legal ability, judgment and integrity and who will faithfully interpret the Constitution and laws of our country.
As well, I will continue to consult, as will my advisors, with members of the United States Senate. The nation deserves, and I will select, a Supreme Court Justice that Americans can be proud of. The nation also deserves a dignified process of confirmation in the United States Senate, characterized by fair treatment, a fair hearing and a fair vote. I will choose a nominee in a timely manner so that the hearing and the vote can be completed before the new Supreme Court term begins.
Today, however, is a day to honor the contributions of a fine citizen and a great patriot. Many years ago, Sandra Day O'Connor chose the path of public service, and she served with distinction as a legislator and a judge in Arizona before joining the Supreme Court. When President Ronald Reagan appointed Justice O'Connor 24 years ago, Americans had high expectations of her -- and she has surpassed those expectations in the performance of her duties.
This great lady, born in El Paso, Texas, rose above the obstacles of an earlier time and became one of the most admired Americans of our time. She leaves an outstanding record of service to the United States and our nation is deeply grateful.
Thank you.
If the best retirement, from a Republican perspective, would have been one of the Gore 4, this is certainly a close second--it won't be Sandy's Constitution anymore.
In a related story, Ted Kennedy is headed to the Cape for the holiday weekend, but left behind this press release "[fill in the name of Bush nominee here]'s America is a land in which women would be forced into back-alley abortions, blacks would sit at segregated lunch counters, rogue police could break down citizens' doors in midnight raids, children could not be taught about evolution."
MORE:
O'Connor Resignation Creates Ominous Court Vacancy (planned Parenthood, July 1, 2005)
The retirement of U.S. Supreme Court Justice Sandra Day O'Connor dramatically changes the court's composition by removing a crucial moderate voice that has often been at the heart of protecting women's health and rights. With the stakes high, Planned Parenthood Federation of America (PPFA), the nation's leading reproductive health care advocate and provider, is marshalling its grassroots activists and lobbying presence in all 50 states to sound a call to arms in defense of reproductive rights. These grassroots activists will stage events nationwide to draw attention to the critical significance of this court vacancy.Posted by Orrin Judd at July 1, 2005 11:49 AM"The resignation of Justice O'Connor creates a devastating and dangerous moment for reproductive health care and women's rights," said PPFA Interim President Karen Pearl. "Her departure places women's health at risk, endangering the future of reproductive rights in this nation. With so much at stake, Planned Parenthood will be on the frontlines of the Supreme Court battles to ensure women's health is protected."
And now, in my finest Emily Litella voice...
Nevermind.
Although she was on the side of the angels in Kelo, she lost me when she insisted on using some foreign precedents.
This country declared independence from Great Britain on July 4, 1776. Since that date, no foreign law should ever be considered as precedent in an American court. Such use, to my mind, is a violation of the justice's oath of office and should be cause for impeachment, if not arrest and trial for treason.
Posted by: bart at July 1, 2005 12:06 PMHeck, even the conservative justices think British law is OK to use as precedential material.
"The Feeney-Goodlatte resolution is in tune with Justices Antonin Scalia, Clarence Thomas and Chief Justice William Rehnquist who hold that judges should look only to U.S. and British colonial precedents, such as Sir William Blackstone's Commentaries on the Laws of England, to interpret the U.S. Constitution"
http://msnbc.msn.com/id/4506232
American Law incorporates the British Common Law. we're a British nation.
Posted by: oj at July 1, 2005 12:34 PMNone of the grownups I know has any respect for Bush, and now I can explain why in 25 words or less. Listening to his prepared remarks, I heard him say, 'I take my responsibility seriously.'
I cannot imagine any other president (or wannabe) saying that.
Posted by: Harry Eagar at July 1, 2005 12:38 PMBart and Ali are each partly right. Foreigh law is not precedent and pre-Revolutionary British cases and commentaries may be used to interpret the original intent of the words of the Constitution.
What I think Bart is geting at, and if I interpret his words correctly, I strongly agree, is that we must not look to other countries' law to glean "evolving standards of decency" or some other penumbral emantations to find levers with which to twist our constitution to suit the judges' preference.
Our ways are not the ways of other countries, and their ways are not our ways. That Europe may be on another path with respect to capital punishment, abortion, homosexuality, gun control, or church-state relations is of no moment to how our constitution is to be construed.
Posted by: Lou Gots at July 1, 2005 12:43 PMHarry:
Did you think you'd live long enough to see one who does?
Posted by: oj at July 1, 2005 12:48 PMJanice is the perfect replacement. The country will back her as readily as Californians have. It'll be suicide for the Dems.
Deepest gratitude to Ms. O'Conner for her very entertaining Consitution as Balloon Sculpture act for the past quarter century. Am told the Fathers gave her a rolling ovation.
Posted by: Cayce at July 1, 2005 1:09 PMOf course, if we get a conservative, it will become Justice Kennedy's Constitution.
Posted by: John Thacker at July 1, 2005 1:11 PMTell me again why I should care about what Harry's friends "think"? (or is that "feel"?) Especially on a subject , "Bush", on which I've never before cared what they thought and a on subject in which they've shown nothing but closed-mindeness.
Posted by: Raoul Ortega at July 1, 2005 1:23 PMBecause Harry cares about nothing else?
Posted by: oj at July 1, 2005 1:26 PMIf Janice Rogers Brown is nominated for Justice O'Connor's seat and is confirmed by the Senate without filibuster, I will give $1000.00 in OJ's name to the official McCain for President committee.
Posted by: David Cohen at July 1, 2005 2:02 PMHarry:
Ever read Russell Baker's essay about serious v. solemn? Most Presidents are full of solemn (FDR, Nixon, Carter, Clinton). They are mostly phonies because they don't know genuine.
Every President in my lifetime has said he takes his responsibilities seriously, either in an inaugural speech, in a nomination speech, at a convention, at Normandy, at the UN, and lots of other places. It's standard fare - your comment doesn't make any sense.
Posted by: jim hamlen at July 1, 2005 2:05 PMDavid:
How about to the OJ shouldn't have to leave the cabana" fund?
Posted by: oj at July 1, 2005 2:26 PMYou could have topped that off by auctioning your services to those chicks with the snake.
Posted by: joe shropshire at July 1, 2005 2:30 PMDavid, please anything but that. Save your money for the lean years, the famine years brought on by global warming or wolves in the sewers, or mad cows, or ...
I wonder, will this announcement mean Bush is more likely or less likely to give Bolton an interim appointment?
It looks like we'll have a merry summer this year.
Posted by: erp at July 1, 2005 3:05 PMI still don't get Harry's orignal statement. I have gone thru life thinking all Presidents took their responsibilities seriously. (OK maybe not Clinton, Kennedy, or Harding when they had their attention diverted momentarily by other interests) Just call me naive I guess.
Posted by: h-man at July 1, 2005 3:21 PMNever read that one, jim.
The point, h-man, which I shouldn't have to make to grownups, is that you don't have to say you're serious if you are. In fact, you wouldn't say it unless you thought there were doubts.
It isn't as between serious and solemn. It's between being serious and pretending to be serious.
Posted by: Harry Eagar at July 1, 2005 3:52 PMah, so it wasn't a serious point, just bitchiness.
Posted by: oj at July 1, 2005 3:58 PMI think Harry's just making an analogous point to one this weblog frequently hits on – the Democratic Party stalwarts defending their patriotism.
Posted by: Annoying Old Guy at July 1, 2005 4:04 PMSo Bush has convinced all the grownups he's not serious, by claiming he is; and Harry's convinced just about everyone he's a putz, without ever using the word. I'd call that a good day's work.
Posted by: joe shropshire at July 1, 2005 4:10 PMAOG:
It's a bit of boilerplate in the middle of a statement someone else wrote. What does it have to do with an imagined defense of his seriousness generally?
Posted by: oj at July 1, 2005 4:10 PMOJ: I don't expect there to ever be an official McCain for President committee.
Posted by: David Cohen at July 1, 2005 4:26 PMask saddam or mullah omar if bush is serious. ask the 50m people now freed from tyranny. the unserious person here is harry.
Posted by: cjm at July 1, 2005 8:24 PMHarry:
Perhaps he has to reassure people because there's a general tendency among his opponents to assume he's not serious at all. That perception has seeped into the zeitgeist.
That was either a boilerplate line, or an attempt to refute a silly stereotype.
Posted by: Matt Murphy at July 1, 2005 11:27 PM