I love Con Law. There is nothing quite like sitting for the better part of an hour as a liberal professor steps even farther left to make attempt after attempt at poking his students in the eye with a stick. Sometimes I wonder if he's just trying to spark controversy or at least conversation. Other times I think he's just an angry old hippie who is disappointed that he never changed the world...
There is one argument he makes that really seems to rub students the wrong way. He likes to say that the current makeup of the Supreme Court is an "accident of history." I guess he thinks that the world would be a different place if some planetary alignment had influenced the cosmos in another way. Maybe it is his way of explaining why the world didn't listen to him and do things his way. Obviously he can't be wrong so only an accident could explain his failure to change the minds of the masses.
Anyway...
It might not be an "accident of history," but apparently it was an accident of Sandra Day O'Connor. In a recent article she said that her decision to step down was based on Rhenquist's decision to stay. She didn't feel like two retirements at once was a good thing. It kind of makes you wonder... If she had known Rhenquist was going to die would she have stepped down?
O'Connor was the "swing vote" in many hotly contested cases. She recognized her position and probably knew that two retirements under GWB would cause a political shift in the thinking of the Court.
So maybe it is an accident..?
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