Top 5 Stories of 2005 - #3 - The Supreme Court

#3 – The Supreme Court

Out with the Old, in with the New

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 or two Supreme Court Justices, and that 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.

The Old Guard

William Rehnquist

The definitive member of the Old Guard, Rehnquist, appointed during the Nixon Administration (though 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.

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.

The New Meat

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.

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…

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.