"In our democracy, there is one basic check on a runaway Court: presidential elections. And a majority of the justices have conspired to eliminate this check. The Supreme Court cannot be permitted to arrange for its own succession. To allow this president to serve as the Court's agent is a fundamental violation of the separation of powers. It is one thing for unelected judges to exercise the sovereign power of judicial review; it's quite another for them to insulate themselves yet further from popular control. When sitting justices retire or die, the Senate should refuse to confirm any nominations offered up by President Bush." - Bruce Ackerman

READ: THE ACKERMAN PROPOSAL:  "The Court Packs Itself"
READ: THE ACKERMAN PROPOSAL DISSED BY A WUSSY
WRITE:
Sandra Day O'Connor
United States Supreme Court Building
1 First St., NE
Washington, DC 20543

CC:  DEMOCRATS IN THE SENATE, THE RESIDENT, THE MEDIA
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MEDIA

June 20, 2001

Dear Mrs. O'Connor:

I am writing in regards to persistent rumors that you want to retire from the court. I sincerely hope that this is not the case. I also hope that none of your colleagues plan on retiring from the bench any time soon. For there will be a Holy War in the United States Senate should there be any vacancies during this presidential administration. That is something I doubt any of you would want to witness.

The political fallout from the Bush v. Gore decision is only beginning to be felt. The main focus of questioning to prospective justices will no longer be about their opinion on Roe v. Wade, but instead will be their thoughts on Bush v. Gore. That should prove very uncomfortable for you and your colleagues who decided that case. There will also be great discussion in the Senate and in the public at large as to whether or not vacancies should be left unfilled until a president is unquestionably elected by the American public and not selected by 5 partisan justices.

I was greatly persuaded by the essay "The Court Packs Itself" written by Bruce Ackerman. I agree with him that should there be any vacancies on the court that they remain unfilled until someone is openly elected in 2004.

He cited the precedent of the U.S. Senate under the Andrew Johnson administration that left two vacancies on the Supreme Court because they felt that his being in office was due to the work of an assassin's bullet and not by the American public.

I knew last December when the court took this case that you would be the deciding vote. I had hoped that you would have worked to fashion a way to allow for standards to be promulgated to determine the voters' intent to be discerned when the machinery and mass technology had failed. Instead you sided with those who would deny reason and the law to find some way to award the presidency to their chosen candidate. And none of you wanted to sign your name as the author. That speaks volumes.

Your legacy in the history books has now been permanently altered. You will no longer simply be recognized as being "The First Woman Supreme Court Justice," but you will be also known as one of the five who rendered the infamous Bush v. Gore decision. A decision that is destined to be remembered with Dred Scott and Plessy v. Ferguson.

I used to be proud to claim you as a Tri-Delta sister. Now I am ashamed of that fact and will conveniently forget it, similar to the way you forgot your oath of office to uphold and defend the Constitution when you chose to stop the recounts and award the presidency to your favored candidate.

Sincerely,

Linda C. McCabe
Phi Gamma initiate 1984

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