Today’s retirement announcement by Associate Justice Sandra Day O’Connor brings into play the vast preparations by the White House and competing ideological interest groups over the future of the Supreme Court.
More so than most of Washington anticipated over the previous six months – when attention was focused on the potential retirement of the conservative Chief Justice – the potential for a fundamental shift in the Court’s direction has suddenly presented itself. On an array of basic social issues – e.g, affirmative action, religion, and the death penalty – Justice O’Connor has obviously represented a vital swing vote on a closely divided Court.
The White House was not caught entirely off guard. Apparently beginning last week, the Administration began more earnest preparations for the potential nomination of a successor to Justice O’Connor. Robert Novak reported that Judge Edith Clement had been interviewed. Other female candidates that will receive serious consideration are certainly Janice Rogers Brown, Priscilla Owen, and Edith Jones.
The President certainly is not obligated to name a woman to succeed Justice O’Connor. He faces a number of competing pressures in that regard. Diversity in the Court may take a back seat, particularly given the prospect of a second nomination to replace the Chief Justice.
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