Withdrawal Means O'Connor Still Unretired

[cal04]

Justice Sandra Day O'Connor's retirement has been delayed again, putting her at the center of upcoming Supreme Court debates on abortion, the death penalty and gay rights. Until Thursday, the White House had been pushing to have Harriet Miers confirmed before the court took up some of the most contentious cases of the year. Miers' withdrawal means O'Connor will hear those cases -- and could control the outcome.

O'Connor said Thursday of her stay on the high court, ''It sounds like it may go on a little longer.'' She is a moderate who has backed abortion rights and limits on capital punishment. And she has not been hesitant to oppose the Bush administration. Nearly four months after O'Connor, 75, announced that she was stepping down to care for her ill husband, it's unclear when she will actually retire. She has said she will stay until a successor is confirmed.

She could quit before then, but that is unlikely because it would leave the court with just eight members and the potential for deadlocks. O'Connor has been hearing cases and voting at closed-door meetings. But if she leaves the court before decisions are announced, her votes will not count. ''She remains the pivotal figure on the court,'' said David Alistair Yalof, author of a book on Supreme Court vacancies and a University of Connecticut professor. Justices have already heard one major case, the administration's challenge to Oregon's physician-assisted suicide law, and O'Connor seemed ready to support the law.


On Nov. 30, the justices will review a state abortion law, and on Dec. 6 they will take up an appeal that involves gay rights, as part of a protest against the Pentagon's ''don't ask, don't tell'' policy. Two death penalty cases are scheduled for Dec. 7. As long as O'Connor is on the court, she should actively participate in cases, Yalof said. ''It would look bad for the institution if they were manipulating opinions to avoid one of the justice's influence,'' he said. O'Connor, speaking Thursday to women leaders in Long Beach, Calif., declined to say when she would be leaving the court. ''When I announced my intention to retire, I said it would become effective on the nomination and confirmation of my successor. Life took an unfortunate turn when our chief justice passed away after the nomination of John Roberts to fill my seat. ... (Now) it sounds like it may go on a little longer,'' said O'Connor, who has been on the court 24 years.

http://www.nytimes.com/aponline/national/AP-Miers-OConnor.html

[napi21]

1. I would love to know what Sandra really thinks about what's

been going on with chosing people to replace her, what she really feels about those candidates, and if she feels more important today than she ever did before!

[kstewart33]

2. Let's hope she stays retired for a good while longer

That's in the country's best interests, but on second thought, it certainly does not help her husband who has Alzheimers.