Possible justice resignation could harm women’s rights

Myron Peto

A retirement from the Supreme Court could mean a great deal or have little effect on the court’s ideology and several issues, local experts said.

Supreme Court Chief Justice William Rehnquist or Justice Sandra Day O’Connor is rumored to be resigning, said Marcia Purdy, senior in women’s studies.

Factors contributing to the rumor are the age of the justices and materials she has read, Purdy said.

“Some of them are no longer young,” Purdy said.

Rehnquist, 78, retiring won’t make a difference because he’s conservative, said Robert Lowry, associate professor of political science.

The replacement of O’Connor, 73, with a more conservative justice would have a greater effect on the court because of her role as a swing vote, Lowry said.

These rumors come at a moment when people are paying close attention to the Supreme Court, who recently had two very important rulings, said Alex Tuckness, assistant professor of political science.

Students said they are also interested in the possible resignations.

“If anyone retires it will have a dramatic effect on issues related to minorities and that would include women,” Purdy said.

In terms of timing, now is the crucial moment for retirement, Lowry said.

“Assuming the politics of reappointment is part of their calculation, this would be the year,” he said.

“Rehnquist is a conservative,” he said, and would want a conservative appointed.

The two justices have different voting records., Lowry said.

“O’Connor is relatively conservative, appointed by [President Ronald] Reagan, but is really a pragmatist,” Lowry said. “She’s wary of sweeping legislation … she’s the swing vote.”

Rehnquist, in contrast, is more conservative, Tuckness said.

Rehnquist was sworn in as a justice in January 1972. He was made chief justice in September 1986.

He was appointed by Nixon and made chief justice under Reagan, Lowry said.

In terms of the likelihood of either justices retiring, no definite statements were made.

“It’s like trying to read the tea leaves,” Tuckness said, “they could both be here 3 years from now.”

Lowry finds it equally as difficult to determine who will leave.

“Who knows, Supreme Court justices never talk,” Lowry said.

President George W. Bush is likely a factor in the resignation, Tuckness said.

A conservative judge would want to be succeeded by another conservative judge, he said, and Bush would appoint a conservative.

“If Rehnquist thinks Bush will win and increase his margin in the Senate it would be better to wait,” Tuckness said.

The more votes Bush has in the Senate the more conservative candidate he can appoint, he said.

Supreme Court nominees sometimes turn out to change their stripes once on the Supreme court, Tuckness said.

“The track record isn’t always great. When Bush Sr. appointed [Justice David] Souter he turned out to be not very conservative,” Tuckness said. “There is uncertainty either way.”

Some students said they are concerned about either Rehnquist or O’Connor leaving the court.

Purdy said she is worried about women’s reproductive rights if a justice resigns.

“I haven’t heard that we would lose the right to vote, but we might lose everything else,” Purdy said.