Letters: Court vacancy should be about issues, not politics

For the past couple of weeks, news stations, newspapers and
magazines have all been reporting the recent announcement that
Sandra Day O’Connor has retired as a Supreme Court
justice.

Who President Bush will nominate has been the center of recent
talks. Some say he will appoint an ultra-conservative in order to
appease Republicans; others saying he will nominate a judge that
Democrats will at least tolerate.

But the discussion should not revolve around political parties,
as the judge should be nonpartisan. Maybe Bush has a responsibility
to his voters that elected him, but these voters are just one
factor he should consider.

The Supreme Court is a highly respected part of our government,
but it is only one part of a system built on checks and balances.
The majority of lawmakers, government officials and people of the
United States must back the Supreme Court in order to implement and
follow the rulings they set forth.

When Bush is considering a candidate, he must consider the
political climate of the United States regarding prominent issues
that are likely to come before the Supreme Court in the next few
years.

Abortion and same-sex marriages have become topics that have
resulted in heated debates and have tremendously affected the
outcome of the recent presidential elections, and which will also
presumably come before the Supreme Court. The way the new judge
votes will help establish policies and will affect public opinion
towards these issues, especially same-sex marriage.

President Bush will likely nominate a candidate who will have a
conservative interpretation of the Constitution. The result of such
a nomination will be detrimental to many Americans.

For example, what if a court case regarding same-sex marriage
presents itself in front of the Supreme Court and rules that
same-sex marriage is unconstitutional? For many states, that would
affirm state laws already in effect, but what about the couples in
Massachusetts, a state that legally recognizes and marries same-sex
partners?

All of a sudden, the issue becomes a battle between the federal
and state governments. Over the next couple of years, we can expect
the battle between state governments and the federal government to
become more prominent.

Even though the future looks dim to many Americans, Sandra Day
O’Connor will not retire until a replacement has been
confirmed, and her legacy as the first woman justice will leave a
lasting impression on everyone, from conservatives to liberals.

Jennifer Partnoff

Fourth-year history student, Queer Alliance co-chair