Nicole Robinson

When I voted in the 2004 presidential election, there were several issues that seemed to be dominating the political scene – the war in Iraq, general handling of the war on terror, national security, tax cuts and gay rights, just to name a few.

With a major in journalism and a minor in political science, I thought I really had a handle on the issues and fully understood the role our next president would play in the American and global societies of the next four years.

I’m somewhat ashamed, though unafraid, to say that I completely missed the issue of judicial nominations.

I knew we had some U.S. Supreme Court justices who were getting up there in age, creating a distinct possibility of Bush nominating the next justice. But with all of the other issues permeating the media, I have to admit my political analysis was gravely shortsighted.

“Don’t worry about abortion,” I told my pro-life parents, explaining how there was no way the next president was going to drastically alter the composition of the U.S. Supreme Court and precipitate the overturning of Roe v. Wade. “What really matters is the war and diplomacy.”

But with the surprise resignation of Sandra Day O’Connor and the death of William Rehnquist, that all changed.

And while overturning Roe v. Wade is a pretty lofty goal, there is no denying the enduring historical effect Bush’s second term will have in an area of government many Americans failed to consider.

Meanwhile, the issues we were all concerned with, it seems, have had relatively little weight in Bush’s second term.

I’m not going to delve into a discussion of my political philosophies regarding common Supreme Court issues like abortion.

And I’m not going to discuss who I voted for or why, since I never even considered judicial nominations during my decision process.

But it’s interesting to analyze Bush’s scattered selections and the forces that seem to be directing them.

Now, I’m no constitutional scholar, so take that into account before you write your letters decrying my analysis of this whole deal.

But let’s just take a look.

Despite a slightly prolonged approval process, most pundits considered John Roberts a pretty safe pick, first as the replacement for O’Connor, then for Rehnquist after his death. With his extensive judicial experience and an apparent dedication to the law rather than ideology, I had no qualms.

I can’t say the same about the contrast between Bush’s two recent picks to replace O’Connor, however.

First came Harriet Miers, a nominee with no judicial experience to speak of, whose bid, it seems, may have faltered under pressure from the socially conservative wing of the Republican Party.

Though Bush cited religion as a factor in his selection, the religious right still seemed to question her dedication to their agenda.

Next came Samuel Alito on Monday, a U.S. Court of Appeals judge of 15 years who has expressed very clear views on some very Republican issues throughout his tenure.

An oppositionist to the ban on automatic weapons in the civilian sector and a seemingly adamant pro-lifer, Alito seems to possess many of the qualities Miers didn’t.

Now I’m not knocking these candidates individually. For Miers part, there were many justices who joined the court with little or no judicial experience. As far as Alito goes, he may seem a bit ideologically motivated, but I definitely don’t consider him terribly extreme.

My question for Mr. Bush is simple. What criteria are you basing your nominations on? First we had a nominee with no judicial experience whose views are a bit enigmatic. Now we have one with extensive judicial experience and some very clear opinions.

It was said during the 2004 election that John Kerry may have lost some of the moderate vote because of his vow to use Roe v. Wade as a litmus test for his nominees. I was taken aback by his bold statement at the time. But at least we would have known where we stood.

I guess when everyone thought Kerry was a flip-flopper, the problem wasn’t our view of him – it was our view of the issues.

Reisinger is a junior print journalism major and a news editor of The Spectator.