Full court press: George W. Bush has a very clear position on what makes good judges--and it's not a willingness to advance gay equality.By now it is apparent to most GLBT GLBT Gay, Lesbian, Bisexual, Transgendered Americans that President George W. Bush will have massive power not only to appoint a new conservative Supreme Court chief justice but maybe up to four other new justices to the nation's highest court. Their conservative interpretation of the law will have a profound impact for decades to come, especially on marriage rights for same-sex couples and gay rights in the wake of the court's 2003 Lawrence v. Texas The Supreme Court issued a landmark decision in Lawrence v. Texas, 539 U.S., 123 S.Ct. 2472, 156 L.Ed.2d 508 (2003), striking down state Sodomy laws as applied to gays and lesbians. ruling, which overturned sodomy laws. After all, at age 80, William Rehnquist Noun 1. William Rehnquist - United States jurist who served as an associate justice on the United States Supreme Court from 1972 until 1986, when he was appointed chief justice (born in 1924) Rehnquist, William Hubbs Rehnquist is already one of the oldest and longest-serving chief justices in history. His recent diagnosis of thyroid cancer Thyroid Cancer Definition Thyroid cancer is a disease in which the cells of the thyroid gland become abnormal, grow uncontrollably, and form a mass of cells called a tumor. means that he almost surely will be the first justice to step down in 10 years. (As of press time he had not announced his plans.) Other justices are aging too: John Paul Stevens John Paul Stevens (born April 20, 1920) is currently the most senior Associate Justice of the Supreme Court of the United States. He joined the Court in 1975 and is the oldest and longest serving incumbent member of the Court. is in his 80s, and Ruth Bader Ginsburg Ruth Joan Bader Ginsburg (born March 15 1933, Brooklyn, New York) is an Associate Justice on the U.S. Supreme Court. Having spent 13 years as a federal judge, but not being a career jurist, she is unique as a Supreme Court justice, having spent the majority of her career as an and Sandra Day O'Connor Sandra Day O'Connor (born March 26 1930) is an American jurist who served as the first female Associate Justice of the Supreme Court of the United States from 1981 to 2006. She was considered a strict constructionist. are in their 70s. Since the 2000 election, Bush has maintained a very clear position on what kind of resume that he believes makes for a good judicial candidate. He consistently declares a desire to nominate "strict constructionist con·struc·tion·ist n. A person who construes a legal text or document in a specified way: a strict constructionist. " judges; that is, those who "will faithfully interpret the law, not legislate from the bench." To gay rights groups, the terms "legislating from the bench" and "activist judges" are code for the type of decision that the Massachusetts supreme court handed down that legalized same-sex marriage Noun 1. same-sex marriage - two people of the same sex who live together as a family; "the legal status of same-sex marriages has been hotly debated" couple, twosome, duet, duo - a pair who associate with one another; "the engaged couple"; "an inseparable in the state. Such decisions are virtually guaranteed not to come from nominees proposed by the Bush White House. The president has long professed admiration for justices Antonin Scalia and Clarence Thomas--the two most conservative judges on the high court, both of whom dissented on Lawrence v. Texas. Before we panic, there is some small solace: "If it is only Rehnquist," says Stephen Wermiel, a law professor at American University American University, at Washington, D.C.; United Methodist; founded by Bishop J. F. Hurst, chartered 1893, opened in 1914. It was at first a graduate school; an undergraduate college was opened in 1925. Programs provide for student research at many government institutions. who specializes in the Supreme Court, "that may not make much difference." Rehnquist is himself a staunch conservative, so replacing him will not tip the close balance of the court. However, "if we get to the point that President Bush is replacing Sandra Day O'Connor or John Paul The name John Paul might refer to: Full name
Wermiel cites Bush's November 4 victory speech, which eventually morphed into the phrase "I've earned political capital," he says. "I take that as [a nod that] the 'moral conservative right,' if you will, is going to be influencing Supreme Court nominations. There is no possible way that that is good news for the gay community." Wermiel also notes that if moderate Republican senator Arlen Specter is named chairman of the Senate Judiciary Committee The U.S. Senate established the Committee on the Judiciary on December 10, 1816, as one of the original 11 standing committees. It is also one of the most powerful committees in Congress; among its wide range of jurisdictions is investigation of federal judicial nominees and oversight of and if Democrats hold true to their word to filibuster filibuster, term used to designate obstructionist tactics in legislative assemblies. It has particular reference to the U.S. Senate, where the tradition of unlimited debate is very strong. It was not until 1917 that the Senate provided for cloture (i.e. any truly radically conservative judges, there will be at least a few checks on the extent of a conservative run on the court. Court watchers long believed that White House chief counsel Alberto Gonzales would be the Administration's first choice for a Supreme Court replacement. But with Gonzales's recent appointment to the attorney general cabinet post, a nomination that people on both sides of the aisle believe will be approved, it is unclear whether he has taken himself out of the running. Gonzales was considered too "moderate" by the standards of the new far-right influence in Washington. Speculation is cheap these days as Bush prepares for a second term. Even Senator Specter's chairmanship was up in the air as of press time. The Pennsylvanian angered conservatives only days after the election when, at a news conference, he appeared to warn the president not to nominate judges who would promise to reverse Roe v. Wade Roe v. Wade, case decided in 1973 by the U.S. Supreme Court. Along with Doe v. Bolton, this decision legalized abortion in the first trimester of pregnancy. . On the left, many hope that Specter's stated position, even if politically unsavvy, will hold true.
Supreme checkup
JUSTICE AGE APPOINTED
WILLIAM H. REHNQUIST (5) 80 1972, Richard Nixon:
CHIEF JUSTICE AS CHIEF JUSTICE: 1986
Ronald Reagan
JOHN PAUL STEVENS * (3) 84 1975, Gerald Ford
SANDRA DAY O'CONNOR * (7) 74 1981, Ronald Reagan
ANTONIN SCALIA (1) 68 1986, Ronald Reagan
ANTHONY M. KENNEDY * (9) 68 1988, Ronald Reagan
DAVID HACKETT SOUTER * (4) 65 1990, George H.W. Bush
CLARENCE THOMAS (6) 56 1991, George H.W. Bush
RUTH BADER GINSBURG * (2) 71 1993, Bill Clinton
STEPHEN G. BREYER * (8) 66 1994, Bill Clinton
JUSTICE HEALTH
WILLIAM H. REHNQUIST (5) Undergoing treatment for
CHIEF JUSTICE thyroid cancer
JOHN PAUL STEVENS * (3) Treated for prostate cancer
in 1992 and has battled
heart disease
SANDRA DAY O'CONNOR * (7) Successfully fought breast
cancer diagnosed in 1988
ANTONIN SCALIA (1) Reported good health
ANTHONY M. KENNEDY * (9) Reported good health
DAVID HACKETT SOUTER * (4) Reported good health
CLARENCE THOMAS (6) Reported goad health
RUTH BADER GINSBURG * (2) Successfully fought
colon cancer in 2000
STEPHEN G. BREYER * (8) Reported good health
* RULED IN FAVOR OF OVERTURING ANTIGAY SODOMY LAWS
IN THE 2003 LAWRENCE V. TEXAS DECISION
Wildman is The Advocate's Washington correspondent. |
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