O’CONNOR STEPS DOWN AND BUSH JUMPS FOR JOY! ©

Supreme Court Justice, Sandra Day O’Connor offers her resignation on this Friday, July 1, 2005. This was not as expected, though she has spoken of the possibility for many years. It was thought that Chief Justice William Rehnquist might tender his letter of leave, for his health is failing and has been for quite some time. However, Rehnquist was not the news on this day. Instead, the notable swing-vote jurist announced her departure. Now, the dance begins. The directive for this dance is “domination,” Supreme domination.

The announcement of O’Connor’s departure is not as a Rehnquist resignation might have been. The deliverance differs. Rehnquist leave will not prompt the rumba and rumblings that O’Connor has. Rehnquist is a Bush backer. If Justice Rehnquist submitted his intention to depart, Bush would not be jumping for joy; the Chief Justice departure will not be a source of exuberance. For replacing the Chief will not alter the basic structure of the current court. Nor, will it afford Bush greater power. O’Connor, on the other hand, holds a pivotal position. She did not consistently side with Bush; therefore, replacing her will be a pleasure. This possibility may provide Bush and his brigade with greater hegemony, and thus we have the hoorays and hullabaloo.

George W. Bush and the neoconservatives have been preparing for the rhythmic rendition that the O’Connor resignation affords. They are ready to reap their “just” rewards. The President and his alliance have gathered forces and established power. They think that they have the necessary support and will be able to place an extremist and activist in the Supreme Court. Another conservative in a divided Court would swing the pendulum further to the right. It would magnify their malevolence; amplify their ability to manipulate, and this would be wonderful.

Bush, Rove [the “Architect”], the Cabinet, ultra-conservatives, and other cronies have encroached thus far, without the full command of the courts. History has been on their side. However, the idea of securing the Supreme Court would ensure that ascendancy is complete.

After the 9/11 attack the assent seemed more certain. President Bush stood strong; he spoke persuasively. He told Americans and foreigners alike, the world will hear him, and, they have. Mr. Bush speaks for right-wing extremists everywhere in the US of A. He and they are on a mission. Their charge is to “spread democracy,” deliberately. They do this through offensive and oppressive means; they occupy. They occupy minds and distant lands. They have done this well. “Fear” has been their friend.

A determined Bush 43, representing his conservative crew, used trepidation to influence an already frightened community. He convinced a terrified public and an anxious Congress to forego civil liberties, and to do so in the name of freedom. Bush proposed, and the mostly conservative legislative branch passed, the Patriot Act. With the approval of this bill, citizens lost many of their rights to privacy. Federal agents were given privileges that the Constitution states are illegal. However, Bush claimed during times of conflict, citizens must sacrifice and Americans did.

Few questioned the validity or Constitutionality of Patriot Act. The Supreme Court was never involved. Phew! The President and the Pentagon were able to exert their control without Court approval.

For four long years government investigators have had the right to comb library records. Book purchases made by common-folk could be judged suspicious and thus, confiscated. Officials were granted the right to arrest citizens without just cause if they considered these persons terrorists. Much of this remains true today. The general populace still permits detainment of those that “intelligence” deems questionable. People are still scared; what might another terrorist attack bring? Many still trust their President and the Pentagon. Generally, the population believes that those in power shield them from harm. Therefore, this issue has not been taken to the Court. The President, Pentagon, a Conservative Congress, and polls, rule.

Without complete control, this powerful President and his alliance have been and are affective. They were able to dissuade diplomacy. George W. Bush promoted war, unilaterally. He did so with little support. Some people protested; members of his own Cabinet warned; yet, with a few select allies designated as our broad coalition, we went to war. The majority of Americans believed Bush; numerous persons still do. Blind faith has been the tenet under the Bush regime. This has helped the administration; they can and do avoid the Court.

The President and his party manipulated the media and the message. They continue to do so. While the office of General Accounting opposed this practice, and said so, repeatedly, the Justice Department knowingly approved it. Mr. Bush and his posse were and are allowed to present pre-packaged propaganda as though it is news. The people know or they could; however, they no longer care. They are hoping that GW and his clan will protect them. Numerous civilians feel that physical force is more powerful than judicial. However, Bush knows; power is power and he wants it all, absolutely!

The man that many voted for stating they would “like to have a beer with this affable fellow” had and maintains a strength that few Presidents before him have had. Bush has God on his side and he has told America and the world that this is so. Soon, with the first of what might be four possible appointments George W. will have the courts in his hands.

This has long been a fear of liberals, civil libertarians, and environmentalist. Those that advocate the separation of church and state and pro-choice constituents shiver as they process the possibility of Bush appointing four new members to the Supreme court. More recently supporters of stem-cell research have joined the fray. There are those that fear what Bush might do. Is it possible; will George W. Bush be given the chance to choose four justices? It is!

Can this President do more damage than he has done so far? Might the ideas of freedom and democracy be further destroyed by an ideologue such as Bush? Will the influence of neoconservatives corrupt our Constitution more so than it has in recent years? The prospect is worrisome, yet real.

Currently, the Supreme Court maintains a delicate balance; decisions are often 5 to 4. With news of an O’Connor resignation, the balance is threatened. Justice O'Connor is one of two temperate arbitrators; her decisions often determine a ruling. She and Justice Anthony Kennedy are considered the moderates on this current court. Their rulings frequently establish what is. With one gone, equilibrium is endangered.

While this one appointment threatens the already fragile balance, this one may be the first of more. The possibility for greater danger looms large. There are other Justices considering retirement. There is Justice Stevens. John Paul Stevens is now 85, he has been treated for prostrate cancer and some wonder. Will he be able to remain physically active and on the bench. If Supreme Court Jurist J.P. Stevens departs all will truly change.

Stevens is said to be a “longtime judicial maverick.” He is well known for his liberal leanings. Stevens is thought to be the force that conservatives reckon with. Justice Stevens is patient and perseveres. “As the second most senior justice after Chief Justice William Rehnquist, Stevens' influence comes more by default than design.” There are times that the conservative majority wavers, and Stevens moves in. He has repeatedly appealed to the more moderate. His approach is diplomatic, determined, and distinguished. It is usually effective and meaningful. If a liberal such as Stevens leaves, and George W. Bush appoints his replacement, balance will be further belied.

Then there is Justice Ruth Bader Ginsburg. Ginsburg is also considered a progressive, and that stance alone is troubling to the Bush Battalion. Justice Ginsberg was among the dissenters in the Gore versus Bush 2000 decision. She did not believe that placing Bush in office was wise or reasonable. Ginsberg thought the vote count important.

In the more recent case, Rasul versus Bush, 2004, Ginsberg again ruled against the administration. In a 6 to 3 decision, Ginsberg was among the majority; however, in this case the preponderance differed with the dictum of the Whitehouse. They declared foreign nationals captured abroad during the Taliban conflict, and then detained at Guantanamo Bay, have the right to challenge the legality of their imprisonment. These internees can bring their cases to courts in the United States.

Each of these afore-mentioned decisions infuriated the administration. How dare a member of the Court question the truth of a popular President and Whitehouse? Would it not be wonderful to eliminate this possibility?

While the Whitehouse cannot rescind a lifetime appointment they know that Ginsberg has battled cancer since 1999. She is in her seventy’s and many wonder whether her age and health might affect her stay. If these considerations cause her to resign soon, then zealot Bush can and will reconfigure the future. He will replace a known moderate and possibly, a liberal, or two. If this happens the loss of stability and liberties may be overwhelming.

Fortunately, for this President and neoconservatives alike, up until now, the Bush Whitehouse has rarely been taken to Court. They were able to reject rulings that do not favor their forum. The President and the Pentagon knowingly and proudly violated Geneva Convention provisions. They stated that these stipulations did not apply to them; however, now people are questioning and this could cause the administration problems.

The time is “right” and ripe. With the recent resignation of O’Connor the administration will be able to eliminate a Supreme Court Justice. Soon they may have other opportunities. Perhaps one retirement will stimulate thoughts for another. Possibly those on the left will leave and Bush will be able to do as he desires. He may be able to stack the court and that would fulfill his dreams. His legacy will be complete and the ultraconservatives will coo with glee.

If the President has opportunity to appoint four Supreme Court Justices the composition of the Court will change drastically, and this causes many great concern. Though not unprecedented this option, is historic. If Bush is afforded this privilege, he will have control of the executive branch, the legislative limb, the Federal Reserve, and the Supreme Court! Bush bellows will be heard everywhere, near and far, and if that is not frightening I do not know what is!