O'Connor resigns

After the "Gang of 14" broke the impasse over the so-called "nuclear option"-- which would have removed the last remaining tool of the minority to influence Senate deliberation so that Bush's judicial appointees could sail through to confirmation on party line votes--one of the terms of that dubious agreement was that the Democrats agreed to reserve the filibuster for "extraordinary" nominations.

With Justice Sandra Day O'Connor's resignation from the Supreme Court this morning, by anyone's reckoning, the extraordinary has arrived.

Nina Totenberg, caught by surprise on this morning's NPR, reminded listeners that O'Connor's current reputation as "swing vote" is quite different from her strong right-wing reputation when Reagan appointed her in 1981. Since then, she's been a crucial vote in 5-4 majorities on issues such as affirmative action, abortion, and campaign finance --partly due to an apparent moderation on her own views which has caused some Reagan worshippers among the GOP to grumble that she's not really worthy of being associated with his legacy, and partly because the rest of the Court has trended to the right at a much faster rate over the last quarter-century.

(For anyone who needs clarification on where O'Connor stands on the one true issue these days--her relationship with Bush--Digby has the essentials.)

If it were the ailing Rhenquist who was retiring (and his health concerns still make it likely that he will do so soon), a hard-right replacement for him would be unlikely to alter the balance of power much. But a Bush-friendly replacement for O'Connor--let's be candid: a long-awaited payback to the radical religious right for their support in the 2004 election--will affect our lives for decades.

Karl Rove has made it clear: In his calculations, nothing is more important than paying back the base. And Bush, by nature and training, would rather die than back down from any challenge, no matter how ill advised. So expect Bush to forward a nominee with all the Right positions on:

• Reproductive choice
• Separation of church and state
• Privacy
• Free speech
• Environmental regulation
• Consumer protection

Oregon angle: Sen. Gordon Smith (sigh--why does it always seem to come down to Smith?) was spared by the Gang of 14 from the ugly choice between voting in favor of the so-called "nuclear option" or bucking the worst tendencies and tactics of his party's leadership.

He won't be so lucky this time. Will Smith support a process that promotes moderation and respect for minority rights in the Senate? Or will he join in lock-step with the GOP leadership, voting to clear the way for whatever extreme-right nominee the Bush White House chooses to nominate?


And as a political two-fer, O'Connor's resignation and the culture-wars fight that will surround her replacement process will give Bush a much desired diversion from media coverage of the Iraq debacle.)