Greetings everyone. It's been a bit, but it has also been a very busy weekend. By busy, I mean crazy and drunken.
With the aftermath of hurricane Katrina still being the top headline in the country, I'm afraid it might overshadow the the Chief Justice of the Supreme Court's death. While William Rhenquist was a conservative justice, Bush will now be able to nominate a second justice to the high court.
The court holds 9 members. Before O'Connor resigned, the balance was:
4-Liberal
4-Conservative
1-Moderate (O'Connor)
Now Roberts has been nominated to replace her, and he is definetly a conservative. With Rhenquist now gone, he will be replaced by an equally conservative justice. Which will leave the court:
5- Conservative (with Roberts being quite young for a justice, since they are life appointments)
4- Liberal
What does this mean for our society? There are several issues this will directly effect. I will argue them in order of importance:
The separation of church and state
In the first amendment, there is a line called the "Establishment Clause" which reads as:
"Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof"
The interpretation of this line is one of the most fundamental and important interpretations by the high court for our society. Since O'Connor was the main swing vote, she always sided in favor of the separation of Church and State. Generally speaking, a strict separation of church and state is best for our society, because when you mix Religion and Politics together, it is a deadly combination, considering they are both unstable enough on their own.
Social rights to minoritiesYes, there still is a ideological divide on the high court between the rights of the majority, and minorities. This includes women's rights, homosexual rights, and minority rights. It's not that a conservative court would try to hurt these groups, it will simply be "hands off" and prevent any progression for them in society.
Business RegulationOur society has thrived thanks to capitalism. It creates the need and drive for progress to occur. However, uncontrolled Free Market economies eventually will screw over whoever they can. The "whoever" being the common person. This is the conflict that brought along ideas like Socialism and Communism. While I'm not setting here to say we should turn the U.S. into a socialistic society, moderate business regulation is a must if we want to maintain a balance.
A conservative court will be more "hands off" since they are "strict interpreters of the Constitution". This will leave businesses unregulated. This doesn't just effect the common man by causing even larger, more powerful monopolies, but it will hurt the enviornment since business regulations on pollution will be a big no-no with a conservative court.
This is just the tip of the ice-burg with social issues and the Supreme Court. We can't expect Bush to nominate someone that the country needs, but we can at least fight until the best compromise comes along.
On a final note of hope, there have been several instances where conservative justices appointed by Republican presidents have slowly changed their ideologies and ended up a liberal justice on the court. Just goes to show, that life experience does change one to a more progressive attitude.