EDITORIAL – Changing Supreme Court a concern for all

By STAFF EDITORIAL

One of the Supreme Court’s most distinctive eras ended Saturday when Chief Justice William H…. One of the Supreme Court’s most distinctive eras ended Saturday when Chief Justice William H. Rehnquist succumbed to thyroid cancer. Having served for 33 years, Chief Justice Rehnquist’s impact on American law is undeniable and far-reaching.

Though most of his views were conservative, he is remembered as one who valued Constitutional law above his own moral code. Deeply respected by his fellow Justices, he leaves behind a legacy befitting a judge: one of fairness and respect.

It is Chief Justice Rehnquist’s successor more than his legacy, though, which is of great concern to the American people. President Bush has nominated Judge John G. Roberts, Jr. to fill this vacancy. Although many left-leaning citizens oppose him, they have so far been unsuccessful in striking Judge Roberts’ name from the records. In many ways, Judge Roberts may be a suitable replacement for Judge Rehnquist; they appear to be cast from similar molds. Both are conservative, but neither positioned himself on the far right.

A New York Times article speculates that in a more favorable political climate, Bush would have selected Justice Antonin Scalia to take over as Chief Justice. Given Justice Scalia’s history of scathing dissents on cases regarding the legality of sodomy and abortion, he would likely prove a more extreme – and, to those of liberal mindset, more damaging – Chief Justice. Judge Roberts’ potential replacement of Chief Justice Rehnquist may not be cause for celebration, but things could be considerably worse.

The Supreme Court’s other looming vacancy, left by Justice Sandra Day O’Connor’s retirement, remains a pressing issue. Unlike Chief Justice Rehnquist, Justice O’Connor has often been a swing vote. She has upheld women’s reproductive rights, struck down laws infringing on homosexuals’ right to engage in sexual activity and helped shape current affirmative action policy.

Justice O’Connor is often considered a moderate Justice. Should Judge Roberts become Chief Justice, it will be a case of a conservative replacing a conservative. In order to create the most level court, Justice O’Connor must be replaced with a moderate.

This balance of ideologies is the most important thing for President Bush to maintain. Yes, it would be nice to see a woman replace Justice O’Connor. Yes, the Supreme Court has only one African-American Justice, and other minorities are completely without representation. It is partially for these reasons that Judge Edith Brown Clement and Attorney General Alberto R. Gonzales have been named potential successors.

Justice herself, though, is said to be blind. More than a mix of races and genders, the Supreme Court needs to have a mix of morals and ethics. As President Bush considers his options, hopefully he will not fixate on outward appearances, but replace Justice O’Connor based not on her gender, but her points of view.