O'Connor Dismisses Rumors That She Plans to Retire From Court

The New York Times ^ | July 6, 2003 | JOHN H. CUSHMAN Jr.

[sarcasm]

ASHINGTON, July 6 — Justice Sandra Day O'Connor said today that she would serve out the next term of the Supreme Court, dismissing speculation that she was ready to retire.

In an unusual televised interview together with Justice Stephen G. Breyer she also denied longstanding reports that she had intended, in the year 2000, to retire unless Vice President Al Gore became president.

The two justices appeared on the ABC program "This Week," an appearance that ABC said was the first by any sitting justice on the networks' Sunday morning interview programs.

The show's host, George Stephanopoulos, referring to widespread speculation that she was about to retire, asked, "Should we take your silence to mean you intend to serve out the next term?"

"Oh, I assume so," she answered.

Anticipating a vacancy on the court, interest groups and politicians on the right and left had already begun mounting vigorous campaigns to influence President Bush's choice of a new nominee. But when neither Justice O'Connor nor any other justice announced a retirement when the court's term ended in June, it was widely seen as making those campaigns moot.

Speaking out shortly after the court had split sharply on several contentious matters, including gay rights and affirmative action, both justices seemed intent on playing down the court's ideological divisions, which had become especially plain in dissents by Justices Clarence Thomas and Antonin Scalia, the most conservative members of the court.

Even when fundamental disagreements boil over into sharply worded opinions, they said, the justices do not take it personally.

"When you work in a small group of that size, you have to get along, and so you're not going to let some harsh language, some dissenting opinion affect a personal relationship," Justice O'Connor said. "You can't do that."

Justice Breyer said that he sometimes felt when he read "rather sharp words about something I've written, perhaps that it's sort of a question of rhetoric, more than it is of actual human feeling.

"So if I'm really put out by something, I can only go to the person who wrote it and say, `Look, I think you've gone somewhat too far here.' "

Justice Breyer, who joined the majority opinion in the court's ruling to overturn its own precedent and declare unconstitutional a Texas law that prohibited sex between homosexuals, briefly discussed one of the disagreements on the court that was aired in the opinion, written by Justice Anthony M. Kennedy, and in Mr. Scalia's scathing dissent.

Their difference was over whether the court should pay attention to legal opinions of other world courts, such as the European Court of Human Rights. Justice Breyer held that the foreign court's view that gay men and lesbians had a fundamental right to privacy in their sexual behavior showed that the Supreme Court's prior decision to the contrary was unfounded in the Western tradition. Mr. Scalia said that the views of foreign jurists were irrelevant under the United States Constitution.

"We see all the time, Justice O'Connor and I, and the others, how the world really — it's trite but it's true — is growing together," Justice Breyer said.

"Through commerce, through globalization, through the spread of democratic institutions, through immigration to America, it's becoming more and more one world of many different kinds of people," he continued. "And how they're going to live together across the world will be the challenge, and whether our Constitution and how it fits into the governing documents of other nations, I think will be a challenge for the next generations."

[sarcasm]

Through commerce, through globalization, through the spread of democratic institutions, through immigration to America, it's becoming more and more one world of many different kinds of people," he continued. "And how they're going to live together across the world will be the challenge, and whether our Constitution and how it fits into the governing documents of other nations, I think will be a challenge for the next generations."

Puke

[Excuse_My_Bellicosity]

Forget retirment, the court needs to forcibly eject her.

[onyx]

SC Justice's have no business appearing on political talk shows.

Was Sandra promoting her new book, or merely there to counterbalance Breyer (if so that's a laugh of its own) or to lend 'balance' to an otherwise leftie-weighted sham of David Brinkey's old show?

I'm hurling right along with you!

[TLBSHOW]

whether our Constitution and how it fits into the governing documents of other nations

DOUBLE PUKE.......

[Dog Gone]

Other nations need to follow our example, and not the other way around.

[iopscusa]

O'Conner is a traitor to our Constitution and her oath to the Citizens of the USA! Impeach her!

[upchuck]

Sandy's not about to retire. She want to be Chief Justice when Rhenquist retires later this summer.

[BenLurkin]

"They missed it by 'that' much".

[BenLurkin]

I can't believe a member of the U.S. Supreme Court would utter such a treasonous statement. This must be a mis-quote?

[oceanview]

I think this is the main reason why Rehnquist will not retire, he will not allow her to become chief justice. They are both going to stay on as long as health permits.

[Types_with_Fist]

Damn!

[LaraCroft]

This makes my blood boil.

Do they even KNOW WHAT THEIR JOBS ARE "SUPPOSED" TO BE?

[undergroundwarrior]

I heard Rush talking about this. Very scary, and a very real possibility. G.W.B. might elevate Sandie as a way to generate some of the female vote.

[deport]

But when neither Justice O'Connor nor any other justice announced a retirement when the court's term ended in June, it was widely seen as making those campaigns moot.

---

It didn't keep the Novaks etal from using unnamed sources to further the speculation...... lol

[LaraCroft]

It's no suprise that those two were on TV talking about social revision.

Treason, Lake of Knowledge, Arrogance, Selfishness, Patronizing, Politically correct, Shortsided. The seven deadly sins of ruling judges.

[skr]

I guess having a part of a building almost drop on one's head isn't enough of a clue that something's amiss.

[ImphClinton]

Their difference was over whether the court should pay attention to legal opinions of other world courts, such as the European Court of Human Rights. Justice Breyer held that the foreign court's view that gay men and lesbians had a fundamental right to privacy in their sexual behavior showed that the Supreme Court's prior decision to the contrary was unfounded in the Western tradition. Mr. Scalia said that the views of foreign jurists were irrelevant under the United States Constitution.

Boy now we are ruled by the European Courts.

These "justices" must be impeached. This is the United States of America not the Peoples Republic of the World.

[TLBSHOW]

These "justices" must be impeached. This is the United States of America not the Peoples Republic of the World.


BUMP

no wonder they don't go on TV much their true nature shows but GOOD.....

[Cicero]

I think this is just as well. I share everyone's opinion of O'Connor as a lousy judge and a terrible appointment to the court. But I also suspect that she would have stepped down now if Bush had been getting his judicial appointments through the senate confirmation process. But he's not. Probably nothing can be done until after the 2004 election, when the Republicans may with luck gain a better edge in the Senate. Until then, we're better off keeping this confused jerk on a little longer.