The Most Powerful Woman in America: O’Connor Decides to Retire

On July 1, 2005, Sandra Day O’Connor retired from the United States Supreme Court, surprising both Capitol Hill and The White House.

Many have been expecting chief Justice William H. Rehnquist to retire, since he is battling thyroid cancer. But O’Connor’s surprise announcement makes her the first justice to retire in eleven years, and her replacement will surely change the climate of the Court.

Many consider O’Connor to be the most powerful woman in America because she often casts the deciding vote in seminal cases. Scholars say that she is concerned with correct legal process rather than one ideology. This is not a middle of the road or "swing" position, but a different approach from the others. Since there are nine justices total, four of which are more often considered "conservative" and the other four more often considered "liberal," O’Connor’s stance often decides the case. For more on the terms "liberal" and "conservative," click here.

President Bush has the tricky task of replacing O’Connor; he may have to decide between pleasing his conservative base of voters and creating a partisan fight in Congress that could kill his domestic agenda.

Big shoes to fill

Sandra Day O’Connor was the first woman to be appointed to the Supreme Court, but her legacy doesn’t end there. O’Connor cast the deciding vote in many important cases, including several that affect women’s daily lives.

In 1982, O’Connor declared it unconstitutional for a women’s-only nursing school to exclude male applicants. Her written opinion included a discussion about the dangers of rigid gender roles.

In 1999, O’Connor voted to hold public school districts accountable for sexual harassment among students, regardless of gender. And during her last term, O’Connor voted to expand Title IX, the law that prohibits sex discrimination in public schools.

O’Connor was not on the Supreme Court during the 1973 decision of Roe v. Wade, which provided women with the right to an abortion, but she supported those rights through many of her decisions, including her 1992 vote on Planned Parenthood v. Casey, which confirmed abortion rights.

If President Bush replaces O’Connor with a person who openly agrees with his personal position as an opponent to abortion rights, that in itself will not be enough to overturn Roe v. Wade. The decision currently stands at 6-3, so two votes must shift for the law to change.

However, a ban on what physicians call "dilation and extraction" and critics call "partial birth abortion" may happen, since O’Connor cast the deciding vote in a 2000 case that struck down Nebraska's ban on the procedure. However, several circuit courts have ruled against the federal law on grounds of protecting a woman’s health, not just her life.For more on this, click here.

Bush’s choice

President Bush has not yet decided on O’Connor’s replacement, and the nomination will be a tough choice between pleasing the Republican base of voters and keeping the peace in the Senate.

The White House is concerned with pleasing its Republican base, especially evangelical Christian groups like Focus on the Family and the Family Research Council, which have been giving the Bush administration feedback on potential nominees. Already, these groups have opposed the possible nomination of Attorney General Alberto R. Gonzales, who is not strictly opposed to abortion rights.

But President Bush must consider other points of view if he wants the Senate to confirm his nominee. Currently, the Senate is balancing a delicate agreement over judicial filibusters, one that could easily crumble over a Supreme Court nomination. For more on this, click here.

If Congress becomes consumed with the nomination, it will be even harder for President Bush to advance his legislative agenda -- he may have to bid farewell to concerns like Social Security reform.

Legislators from both parties are urging Bush to pick a moderate nominee that both sides can get behind; many consider the Supreme Court nomination a chance to either unite or divide the nation. He is urging both parties to treat his nominee to an orderly review.

The White House plans to get advice from both sides of the aisle and has already scheduled a meeting among top legislators, including Chairman of the Senate Judiciary Committee Arlen Specter (R-Pennsylvania), Majority Leader Bill Frist (R-Tennessee), Minority Leader Harry Reid (D- Nevada), and senior Democrat on the Judiciary Committee, Patrick Leahy (Vermont). Former Republican Senator from Tennessee Fred Thompson has been appointed to shepherd the nominee through the process.

Senate hearings on the nomination are expected in early fall 2005.

WomenMatter’s research shows that we women have a personal perspective on issues. Much has happened in the 24 years since O’Connor was appointed to the court. There are now more women than men in law schools in the U.S. and many women judges.

Do you believe that President Bush should nominate a woman to replace O’Connor? Why? Or why not? Should he appoint someone who definitely agrees with his personal beliefs? What is your position on women’s rights and the Court? Should the minority block a nominee that it believes to be extreme?

What do you think?

WomenMatter is a place to discuss life issues with other women. We don’t want to wedge women apart, but rather bring them together to dialogue. To log onto our blog, click here.

WomenMatter encourages women to educate themselves on the issues and then approach their representatives with ideas.

Even though the election is over, your voice is vital. Make sure your leaders know what’s important to you. To see how your representatives vote and to contact them, click here.

WomenMatter is dedicated to empowering women to participate in the political process. To do this we have invested in the most in-depth NONPARTISAN information, because we trust each woman to make up her own mind.

• We track nine issues every week and update this website several times a week.
• We launch after school GirlsMatter Clubs in middle and high schools to grow the next generation of politically aware women through a full curriculum and startup kit on girlsmatter.com.
• We do continuous research to make sure that we are meeting the needs of women across the country of all ages, races, incomes, preferences, and religions.
• We provide partnerships with nonpartisan organizations that provide services to women and advocate for them.

We offer all our services free of charge without memberships or subscriptions. To help us maintain this work - not just in election years but as a continuing part of women’s lives - please make a tax deductible donation, click here.

Posted on: 7/8/2005