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August 31, 2005     California State University, Fresno

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 Opinion

Supreme Court nomination, a missed opportunity

Editorial: Ups and downs of campus growth

What's Happening

Supreme Court nomination, a missed opportunity

 

The Oh Really Factor
By Maurice O. Ndole
The Collegian

President Bush might have missed out on a great opportunity to make unprecedented history by nominating John Roberts to replace Justice Sandra Day O’Connor in the Supreme Court.


Instead of nominating Roberts, Bush could have surprised his friends and foes and at the same time won voters’ hearts by nominating an individual with a visible disability, such as a blind person or a paraplegic.


I’m certain there are conservatives with visible disabilities who are qualified for the job.


Bush could have compounded the drama by nominating a woman from a minority group.


I’m not suggesting an appointment based on pity, sympathy, affirmative action or any other set of nouns people may use to argue against such a nomination.


Over the years, people with disabilities have demonstrated brilliance, great will and ingenuity against great odds.


An example of someone who demonstrated great will is the late Superman star Christopher Reeve.


Reeve’s struggle and great will inspired many and his condition also helped to advance research in paralysis and spinal cord injuries.


The strength to live an independent life despite a disability should be a big motivator for the president to give people with physical disabilities a voice in the Supreme Court,the only federal office in the nation with lifetime tenure.


Their experience and perception of life can only serve to enrich the country.


With our technological advancement, accommodating the needs of a person with a disability should not be a problem.


Besides the drama the appointment of a person with a disability would have caused around the country, the president would probably have taken charge of the airwaves. He could have wrestled the media’s focus away from the bloody news in Iraq which has been compounded by Cindy Sheehan, the protesting mother of a Marine killed in Iraq, who set up camp at the president’s ranch in Crawford, Texas.


But why not Roberts? You may wonder. Well, there is nothing wrong with nominating Roberts. He is qualified for the job and I suspect he will make a great judge if confirmed. But his nomination is not likely to bring anything unique. It is just more of the same — another weapon in the pseudo-Supreme Court feud between liberals and conservatives.


While there is no telling whether Roberts or a nominee with a disability would serve the Supreme Court in the same unique way O’Connor did, it is unrealistic to imagine Roberts bringing any new mojo besides liberal-versus-conservative views to the Supreme Court.


In fact, appointing Roberts to replace O’Connor, the first woman to serve in the Supreme Court, is in some ways, a step backwards.


Nominating a person with a visible disability would not only make unprecedented history, but it would inspire people with disabilities to strive to achieve the best.


But all is not lost. If rumors about the impending retirement of ailing Chief Justice William H. Rehnquist come to pass, the president may get a second chance of assuring himself a unique place in history among U.S. presidents.