Supreme Court Justice Sandra Day O'Conner submits her resignation. It was not much of a surprise that she is resigning as she has reportedly sufferd from back pain for a numebr of years. It is a little surprising that she beat Rhenquist out the door. I wish her the best in retirement.
Legal pundits in the know will have more colorful, and possibly more accurate, speculation on a potential successor that I will. I do predict a nomination that will bring howls from the liberal side of politics and the focus will be Roe v. Wade. There won't be much focus on how a new justice will deal with important business related legal issues.
I think that's unfortunate. The Supreme Court should be a model of the "bright line" philosophy. Not very many cases can make it to the Supreme Court, and the the most valuable role the Court can play is establishing bright lines in the law to increase predictability for all citizens.
The recent pair of Ten Commandments cases are a good example of a failure to enunciate a claer principle. What's the bright line? How can any public entity know what to do after reading two 5-4 decisions that got to different results?
My ideal Supreme Court justice would probably be conservative, humble, adhere to stare decisis as a positive legal value and favor finality and clarity in the decision making process. Don't look for too many of these qualities to be discussed in the pre-nominaiton politicking and the confirmaiton process, though.
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Posted by: shoper | August 08, 2009 at 05:18 PM