O'Connor retires
Justice Sandra Day O'Connor today informed President Bush that she intends to retire from the Supreme Court upon the nomination and confirmation of her successor. O'Connor has been commonly known as a "swing vote," usually siding with the Court's conservative bloc but occasionally siding with the liberal bloc. That conventional wisdom did not hold in this term, however, as in the seventeen 5-4 decisions issued, she sided with the conservatives in only 3 cases.
President Bush now has an opportunity to leave a legacy for a generation on the Supreme Court. As much as I do not like it, the Supreme Court has evolved in our constitutional system into a far more powerful and influential branch than the Framers could ever have intended. Bush campaigned in 2000 and 2004 on the promise to nominate justices to the Supreme Court in the mold of Justice Scalia or Justice Thomas, justices who will faithfully interpret the law as written and not legislate from the bench. It's time for the president to step up.
President Bush now has an opportunity to leave a legacy for a generation on the Supreme Court. As much as I do not like it, the Supreme Court has evolved in our constitutional system into a far more powerful and influential branch than the Framers could ever have intended. Bush campaigned in 2000 and 2004 on the promise to nominate justices to the Supreme Court in the mold of Justice Scalia or Justice Thomas, justices who will faithfully interpret the law as written and not legislate from the bench. It's time for the president to step up.
posted by Hal | 11:23 AM
1 Comments:
Aren't the branches of government equal? Why should one branch be perceived as more "powerful" or deserving? Each branch is provided a set of requirements by the Constitution. I do not subscribe to the notion that one branch can impose its will on another; however, the majority of Americans accept the executive as the most willing and deserving. I see everyday the executive branch stepping well outside of its Constitutional framework. As modern Americans, we are content (and naive) to allow this to happen.
I believe the US Constitution is a living, not static, document that can bend and sway with the winds of change. I am not an 18th century individual with 18th century needs, after all. In many ways, the Courts, especially today, must act as an equalizing force to provide weight and a "reality" check for a conservative legislature and executive bent on restraining basic civil liberties.
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