I think the Democrats need to take a cue from Justice O'Connor and try to delve into Roberts' belief in the independence of the judiciary. It is a foregone conclusion that the Republican right nominates judges who share their conservative beliefs. The Democrats on the other hand should ensure that does not happen and that the judiciary remains independent. They are very well place to insist that only judges with a strong track record of excellent jurisprudence are appointed to the Supreme court. Roberts does not fit that bill. In fact he has no record. It is turning out to be another case of a appointed similar to Brown's appointment as FEMA director.
O'Connor Mum on Rehnquist and Roberts
The Associated Press
Friday, September 9, 2005; 8:49 PM
GAINESVILLE, Fla. -- U.S. Supreme Court Justice Sandra Day O'Connor steered clear of directly discussing the big issues facing the nation's highest court while visiting the University of Florida's law school Friday.
O'Connor spoke before a crowd of 500 but did not mention the death of Chief Justice William Rehnquist, the nomination of John Roberts to replace him, or her own delayed retirement plans.
What she did address was political influence on the judiciary.
"I am against judicial reform driven by nakedly partisan, result-oriented reasons," O'Connor told the group. "The experience of developing countries, former communist countries and our own political culture teaches us that we must be ever vigilant against those who would strong arm the judiciary into adopting their own preferred policies."
Without naming names, she faulted politicians from both parties for not understanding judicial independence.
"We have the power to make the other branches of government really angry," she said. She spoke at the dedication of a new university law library named for Lawton Chiles, a former Florida governor who died in 1998.
O'Connor, 75, announced her retirement in July but promised to remain on the court until her replacement is confirmed.
Bush initially nominated federal appellate judge John Roberts to succeed O'Connor, but on Monday nominated him to succeed Chief Justice William H. Rehnquist. Roberts' confirmation hearings are to begin next week.
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