July 02, 2005

 

Shakeup at the Supremes

Sandra Day O'Connor, a moderate and often unpredictable voice in the Supreme Court, has retired for family reasons. The Chief Justice, William H. Rehnquist, is expected to retire soon for health reasons. The pundits are expecting a bitter battle between the Bush Administration and Senate Democrats over naming replacements.

The whole basis of such a battle is wrong. We should not be appointing (or block appointment) of Justices on the basis of political beliefs, but on the basis of the nominee's knowledge of the law, and track record in faithfully applying the existing law to cases. Perhaps this would be a good time for me to reiterate my modest proposal for fixing the abuses of judicial discretion (first item in my February 17 post).

Comments:
Sandra Day O'Connor had a wonderful quotation on the Ten Commandments issue that does ask the right question:

"Those who would renegotiate the boundaries between church and state must ... answer a difficult question: Why would we trade a system that has served us so well for one that has served others so poorly?"
 
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