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Supreme court shakeup-two justices remembered, new chief on the way

Death and retirement leave the United States' highest court with a need to fill

Steven Sharp

Issue date: 9/28/05 Section: Headlines
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While the nation's capitol is located clear across the country, its activities can and do affect all of us. Currently, Washington D.C. is aflutter with the goings-on of the Supreme Court-the highest court in the United States. The Supreme Court, which is made up of one Chief Justice and eight Associate Justices, determines the outcome of cases involving the interpretation and fair application of federal law and the Constitution. However, the Supreme Court has recently experienced unexpected changes.

Two legends depart

As we diligently begin the new school year, the Supreme Court will return from its own summer vacation. However, this year the Court will be short two justices: Associate Justice Sandra Day O'Connor and Chief Justice William Rehnquist. Even though much of the media has been fixated on Bush's current Chief Justice nominee, John Roberts, it's important to remember two public servants who spent much of their lives shaping American jurisprudence.

William Rehnquist was born in Milwaukee, Wis. on Oct. 1, 1924. He attended Stanford University where he earned a Master of Arts degree in political science, and a law degree from the University's law school. President Nixon chose Rehnquist as his replacement for former Justice John Marshall Harlan in 1972. In his early days on the Court, Justice Rehnquist was often the lone dissenter because he was a strong advocate of states' rights, and he detested most expansion of federal powers. In 1986, President Reagan nominated Rehnquist to become the next Chief Justice of the Supreme Court. As chief justice, Rehnquist won respect through his efficient management of the Court, where he inspired a conservative shift. Rehnquist died at his home on Sept. 3.

Sandra Day O'Connor was born in El Paso, Texas, on March 26, 1930. O'Connor graduated third in her class from Stanford Law School in only two years, instead of the customary three. O'Connor became a state senator in Arizona where she eventually became the majority leader-a first for women in the United States. She was appointed to the Arizona Court of Appeals, and President Reagan nominated her as the first woman to the Supreme Court in 1981. As a moderate-conservative on an ideologically polarized Court, she often became the deciding vote in many contentious issues from abortion to race-based affirmative action. O'Connor retired this summer as one of the most influential women in the history of the United States.

 

The Next Chief Justice

Following the death of William Rehnquist, President George W. Bush nominated John Roberts, Jr. for position of Chief Justice.

Prior to his nomination, Roberts spent 14 years in private law practice, and worked in the Department of Justice and Office of the White House Counsel for former Presidents Reagan and Bush, Sr.

On Sept. 22, the Senate Judiciary Committee approved John Roberts' nomination as the next Chief Justice. The committee is comprised of 18 Senate members: 10 Republicans and eight Democrats. All 10 Republicans voted for his nomination whereas five Democrats opposed. Roberts now waits for approval from the Senate, which will take place this week.

According to cnn.com, Roberts indicated that he "will approach every case with an open mind." He came before the committee last week "with no agenda, no platform," he said.

Sen. Specter (R-PA) reminded Roberts that, if confirmed, he would be the cornerstone of American law for many years to come, saying his "stewardship of the court, which could last until the year 2040 or longer...would present a very unique opportunity for a new Chief Justice to rebuild the image of the court away from what many believe has become a super legislature."

Some political figures, like Senator Hillary Clinton (D-NY), disapprove of Roberts. Clinton sent an email regarding her feelings. She said she has an "obligation-in protecting fundamental women's rights, civil rights, privacy rights." Roberts' views on these matters are unclear, according to Clinton, and therefore she said she "cannot vote to confirm (him) despite Judge Roberts' long history of public service."


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