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The Spokesman-Review Newspaper
Spokane, Washington  Est. May 19, 1883

Remember why O’Connor admired

The Spokesman-Review

Until Chief Justice William Rehnquist’s failing health made his resignation from the U.S. Supreme Court a day-to-day expectation, two other names had provided the leading rumor fodder about President Bush’s first opportunity to make an appointment to the high court: John Paul Stevens and Sandra Day O’Connor.

Odd, then, that it caught so many by surprise on Friday when O’Connor did decide to step down.

But then, it wasn’t the first time O’Connor had provided surprises. Appointed by President Reagan in 1981 to replace Potter Stewart, she came out of Barry Goldwater’s Arizona and was expected to be a reliable conservative. She became, instead, a staunchly independent swing vote. Yes, she was a conservative, but she was anything but predictable.

That, along with a keen legal mind, made her an admired justice. In fact, as she steps down, she is getting hostile reviews only from ideologues who were disappointed in her for declining the role of knee-jerk right-winger.

The Senate, which must confirm any nominee Bush makes to replace O’Connor, has been in a stew about the philosophical leanings of judicial appointments in general. Both the Senate and Bush would be wise in the weeks ahead to remember that O’Connor is regarded so warmly not because of the extremist expectations when she joined the court, but because of the measured thoughtfulness she demonstrated after she got there.