A litmus test for Bush and the Republicans: The composition of the "new" U.S. Supreme Court

Josef M. Braml

No 49/2005, SWP Comments from Stiftung Wissenschaft und Politik (SWP), German Institute for International and Security Affairs

Abstract: After Harriet Miers withdrew her candidacy for the U.S. Supreme Court, President Bush nominated Samuel Alito, who, unlike Miers, is supported by the conservative Republican 'base.' While Bush was able to successfully maneuver his first Supreme Court nominee, John Roberts, through the Senate, as the successor to the deceased conservative Chief Justice Rehnquist, the succession of the outgoing Justice Sandra Day O'Connor has proven to be much more difficult because Samuel Alito, the current nominee, could fundamentally change the balance of power on the nine-member court, not least with respect to the politically-tricky abortion issue. The 1973 decision of the Supreme Court establishing the right to an abortion is, for many conservatives, a classic example of 'judicial activism.' This nomination, on the one hand, has mobilized the Christian Right - the strongest group of voters among the Republicans - but on the other hand, it has also motivated the liberal pro-choice groups and the more moderate abortion opponents to get involved politically, as already can be seen in the run-up to Senate confirmation hearings in January 2006. The decisions that the President makes in this 'culture war' will not only determine the starting point of his party in future elections, but will also influence the domestic and security policies of the USA beyond his term of office. (SWP-Comments / SWP)

Date: 2005
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