Supreme Court Speculation
Citizen Magazine’s John Paulton has a fascinating article on the possibility that Supreme Court Justice John Paul Stevens will retire this summer, leaving an opening for a conservative Bush nominee.
All political eyes are on John Paul Stevens these days. For months, the 86-year-old Supreme Court Justice has been the subject of speculation. First, there were rumors of ill health. Then came surprising reports that the Court’s longest-serving liberal wants to resign his seat while a Republican holds the White House, out of a sense of loyalty to the man who nominated him—the late President Gerald Ford. Current speculation is that a Stevens resignation could come this summer, after the Court has concluded its current term.
Even if a Stevens vacancy does not happen this year, the odds are that the next Supreme Court opening will result from a liberal vacating his or her seat. The average age of the four conservative jurists is 59, while the average age of the remaining justices is 73. Should one of the liberal seats open up while President Bush is still in office, the political battle for the ages would begin. After all, if one of the liberal justices were to be replaced with one who recognizes a constitutional duty to interpret rather than create the law, there is a strong chance that the 1973 Roe v. Wade decision could be overturned, sending control over abortion back to the states.
That reality has the Left apoplectic. As the Roberts and Alito confirmation battles revealed, most liberals view abortion as the one right that must be protected above all others—and that means holding on to the courts at all cost.
But many other critical matters are at stake as well. The definition of marriage, religious freedom, school choice, property rights and national security are among the many issues in which activist, left-leaning courts have held sway. While adding a fifth conservative to the Court wouldn’t change things overnight, the eventual impact could be breathtaking. It’s no wonder that the battle lines are drawn.
The first question regarding any Supreme Court vacancy is whether President Bush will deliver a solid nominee whom social conservatives can enthusiastically support.
Read the rest here.
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