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PERSPECTIVES:
U.S. Supreme Court Update
May 27, 2005 Episode no. 839
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BOB ABERNETHY, anchor: Meanwhile, religious liberals praised senators who brokered a deal to keep the filibuster for judicial nominees. But conservative evangelical leaders, who lobbied actively against the filibuster, criticized the compromise. They said Republican senators who supported the agreement can expect retaliation from the Christian Right when they seek re-election.
The intense lobbying over whether the Senate should do away with filibusters against nominees to courts of appeals was widely seen as a dress rehearsal for the battle looming over the next nominee for the Supreme Court, whenever a vacancy there occurs. Tim O'Brien has covered the Supreme Court for many years. Tim, welcome.
The agreement up at the Capitol on the filibuster seems a fragile one. What do you hear about what to expect when the President at last gets a chance to nominate someone to the Supreme Court?
TIM O'BRIEN: Fragile, indeed. What it's all about is Supreme Court nominations and if a nominee comes up that the Democrats don't like, this agreement moves from fragile to non-existent. We're right back at square one. A debate will start up all over again.
ABERNETHY: And, both sides are really armed and ready to go?
Mr. O'BRIEN: They are indeed. Depends on who he appoints.
ABERNETHY: Speculation about all this is fueled very greatly by the health condition of Chief Justice Rehnquist. What do you hear about that? Is he likely to retire soon?
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Mr. O'BRIEN: Well, curious, in the middle of all of this -- huge, ferocious debate -- he shows up in a wheelchair at the Capitol medical office. He has been treated for thyroid cancer. There is widespread speculation that he will leave at the end of the term. No confirmation from the Supreme Court. This bitter debate could persuade him to hang on a little longer. They like to hang on as long as they can. But, the presumption is this will likely be Rehnquist's last term.
ABERNETHY: And the Supreme Court this week, agreed to hear a case being appealed about abortion. What is that all about?
Mr. O'BRIEN: An important case -- it won't affect a woman's overall right to choose abortion. But, it is important. It involves a New Hampshire law. New Hampshire, like most states, requires a parent be notified when a juvenile seeks an abortion. It makes an exception -- a judicial bypass -- so she can go to a judge when that's impractical. But, it makes no exception when the juvenile's health is at stake. The lower court found that that violates her right to get an abortion and the Supreme Court will now take that up.
ABERNETHY: And what might that and the makeup of the Court itself say about the future of a woman's right to have an abortion?
Mr. O'BRIEN: Amazingly whenever there is a vacancy in the court, the debate focuses on what the Court will do with abortion. Yet, if Rehnquist were to leave -- he dissented in Roe v. Wade, he is one of the courts strongest opponents of abortion rights -- even if the President were to get precisely the justice that he is looking for, presumably somebody against abortion rights, it would still be a wash. So, it's not going to make a great deal of difference.
ABERNETHY: Tim O'Brien, many thanks.
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