Seats to be Filled

By: Jessica Pezzone
Posted In: Opinion

In the wake of Hurricane Katrina and the baseball drama surrounding the World Series, an extremely important and historic change is taking place within the federal government. In a matter of months, two extremely powerful and influential Justices of the Supreme Court have been resigned from their offices, leaving two open spots to be filled by President George Bush.

On July 1st, 2005, Sandra Day O’Connor chose to retire from the Supreme Court. Serving on the Court since 1981, O’Connor is the first female Justice and has had influence on many of the laws and policies today.

She is referred to as the “swing vote” on many key issues throughout history – her views have often resulted in the tiebreaker of many 5-4 decisions.

Urged by members of Senate to complete her tenure on the court, the 75-year-old justice stated in her letter to George Bush that her resignation would be effective upon the “nomination and confirmation” of her successor.

Argued by many to be the most influential woman in the world, Justice O’Connor will only remain on the court until a new justice is chosen, but she will always be remembered as a powerful and sensible woman.

After much speculation and delay, President Bush has chosen White House counsel Harriet Miers as his nominee for the court Justice. Her nomination was met with surprise and ambivalence, with some groups lauding her credentials and others openly expressing their disappointment.

There was heavy speculation that Bush would appoint a person with an established conservative and pro-life agenda, disheartening many Republicans in the Senate. Many were confused by the nomination of Miers, who has never served as a judge in the US court system.

Harriet Miers, a 60-year-old single woman with no children, has a bachelor’s degree in mathematics and a law degree from Southern Methodist University.

Although many deem her inexperienced for having never served as a judge before, Miers’ experience with the government is plentiful, serving as White House Deputy Chief of Staff, White House Staff Secretary, Texas Lottery Commission Chairwoman, and as a lawyer in private practice.

Miers is very quiet about her record, but has made great strides for female equality with many of her practices and promotions – she was hired as the first female at her law firm, first woman president of the Dallas Bar Association in 1985, first woman president of the Texas State Bar in 1992, and become the first woman President of her law practice as well.

Overall, she is extremely well-respected by lawyers and judges throughout the system, but maintains a quiet record on her personal beliefs and issues.

Many have pointed to the strong personal ties between Miers and President Bush, noting her involvement in many aspects of the Bush administration.

Pointing to her lack of established beliefs and strong ties to the Bush administration, many feel threatened by the nomination of Miers to the court.

White House Press Secretary Scott McClellan claims that Miers’ strong record is being overshadowed by her apparent lack of judicial experience and her quiet presence.

In an interview with CNN, McClellan said, “We look forward to people getting to know her like the President knows her…She is someone who has not sought the limelight, but she is someone who has served with great distinction and has a distinguished career and record.”

Upon the death of William Rehnquist, President Bush has also been allowed the valuable opportunity to choose the new Chief Justice of the Supreme Court.

Bush has nominated 55-year-old John Roberts, a moderately conservative lawyer to fill the shoes of Rehnquist. Roberts, married with two children, attended Harvard University for both his undergraduate and law degrees and served as the managing editor of the Harvard Law Review.

He has also clerked for Chief Justice William Rehnquist, served as special assistant to the US Attorney General, associate counsel to the President, principle deputy solicitor general to the US Department of Justice, and is currently a member of the US Court of Appeals for the District of Columbia circuit.

Like Miers, Robert’s also does not have outspoken views on many key issues. Roberts has been quoted as saying of the Bush administration, citing pro-life tendencies on the issue of abortion, “We believe that Roe was wrongly decided and should be overruled.”

He has represented eighteen states in the antitrust case against Microsoft, believes in school prayer, and has also upheld Megan’s law, which allows the names of sex offenders to be publicized.

On September 29, 2005, Roberts was sworn in by Justice John Paul Stevens as the new Chief Justice of the Supreme Court. The nomination passed in the Senate, 73-22.

After being sworn-in, Roberts thanked Stevens and President George Bush and according to CNN, Roberts said, “There is no way to repay the confidence you have shown in me other than to do the best job I possibly can do, and I’ll try to do that every day.”