If you are a lawyer with a case at the court, pitch your arguments to her. If your issue is affirmative action, or religion, or federalism, or redistricting, or abortion, or constitutional due process in any of its many manifestations, you can assume that the fate of that issue is in her hands. Don’t bother with doctrinaire assertions and bright-line rules. Be meticulously prepared on the facts, and be ready to show how the law relates to those facts and how, together, they make sense.
And it is because Justice O’Connor has played such a pivotal role on the court for much of her 24-year tenure that her unexpected retirement is such a galvanizing event. Much more than the widely anticipated retirement of the predictably conservative Chief Justice William H. Rehnquist, her departure creates an opportunity for President Bush to shape the court.”
