Anil Gangolli

Why Supreme Court upheaval now is scary

It is a good thing when partisan agendas in Supreme Court appointees are thwarted by responsible justices that adopt much more centrist views. Warren Burger (appointed to Chief Justice by Nixon after Earl Warren) and Sandra Day O’Connor (appointed by Reagan) are two examples that come to mind, but I don’t think it could be called a common occurrence.

The upheaval that will come with O’Connor’s somewhat unexpected early resignation, and with the expected retirements of Rehnquist and other judges nearing their eighties is scary. Why?

Well, in the last several decades, the Supreme Court seems to have been the only branch bold (or capable) enough to protect individuals in the minority from bigotries and insecurities of the majority. This is an important role, and it’s always scary to trust someone new to participate in sustaining it.

What’s particularly scary now is a kind of perfect storm of conditions that could result in some very serious losses of liberty. First, we seem in this country to be in a period of heightened bigotry, particularly of the religious sort. Second, the balance on the court has recently been sustained by one or two centrist/swing votes like O’Connor’s. Third, the Senate majority coincides with the President’s party, and fourth, the current president seems particularly prone to appointing a crony .

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Posted at 09:54AM Jul 02, 2005 in dogma  |  Permalink