US Supreme Court Chief Justice William H. Rehnquist died Saturday evening at the age of 80, likely due to complications from thyroid cancer and its treatment. While I feel for his family and wish them well in this difficult time, I am more concerned about what impact this will have on the country.
President Nixon appointed Rehnquist to the Supreme Court in 1972. In 1986 President Reagan tapped him for the spot of chief justice to replace Warren Burger. While not an activist, Rehnquist deliberately yet quietly advanced the conservative ideology of the Supreme Court by tipping the bench to a loose 5-4 conservative majority.
With the retirement of Justice Sandra Day O'Connor (she plans to leave when her replacement is confirmed), President Bush has already been provided an opportunity to appoint a conservative. With the death of Rehnquist yesterday, Bush said he would move quickly to choose a "highly qualified" replacement. This now presents Dubya with a chance to appoint two conservative judges to the Supreme Court.
The concern, of course, is the possibility of a large enough conservative majority on the bench to overturn Roe vs. Wade and other court decisions which have been, to the right in general, like fingernails on a chalkboard, yet socially progressive and inarguably correct. The Christian fundamentalists who are striving to take over the government and country see this as an opportunity that can't be missed.
Let us hope that Bush taps O'Connor to be Chief Justice, thereby ensuring her continuing tenure with the high court. This would mean only one Justice need be replaced by Bush.
We shall see what ensues, but I fear for America today.