The Delayed Remorse of the US Supreme Court

Appointed by President Ronald Reagan and seven years resigned, U.S. Supreme Court Justice Sandra Day O’Connor just created an uproar in the world of politics and beyond. In a Chicago Tribune interview, O’Connor, the first woman to sit on the Supreme Court, affirms her regret that the Court pronounced itself in favor of George W. Bush in the 2000 presidential election, “handed” to Bush by the “wise men,” even though Al Gore had won the popular vote.

“Maybe the court should have said, ‘We’re not going to take it, goodbye,’” she said, recognizing that the Court’s decision, presided over by Chief Justice William Rehnquist, had given the Court a “less-than perfect reputation.”

Until now, O’Connor had always defended the Court’s decision — 4 to 5, one of which was her vote — to end the vote recount in Florida. What changed and made O’Connor decide to denounce this decision in her elegant and discreet way, but which has not gone unnoticed, is the Republican Party and its evolution in the hands of extremists. If O’Connor voted with the majority of justices to give the 2000 presidential election to George W. Bush, it is because she was close to Bush, Sr., who was her type of Republican: patrician, moderate, open-minded. By favoring the son, she thought that “W.” would follow in the footsteps of “H.W.” We all know what happened next.

O’Connor is a Republican, but she has always been in the moderate wing, even more moderate than Reagan, who chose her. Over seven years, she has observed what her party has become with disgust. She has spoken of her profound disappointment with Chief Justice John C. Roberts’ court and particularly with Samuel Alito, Jr., the extreme conservative who succeeded her. In particular, the former justice is very opposed to the court’s decision in the Citizens United affair, which eliminated any limits to the contributions that businesses can make to a campaign or a political party. She is not the only one to watch the GOP’s evolution with horror. Two justices, John Paul Stevens and David Souter, also Republicans, decided to resign so that President Barack Obama, a Democrat, could appoint their successors.