Judging Roberts

In the past 30 years, our nation has made tremendous strides regarding women's rights. We now have the right to privacy, the right to an abortion and the right to equal opportunities, including the right to join men in the hockey rink, the tennis court or the football field. These issues -- along with others guaranteeing women equality before the law -- are being compromised by our nation's appointment of right-wing male judges. \nThe Senate is currently meeting to consider the nomination of yet another wealthy conservative male judge, John G. Roberts. President Bush could have easily chosen a moderate conservative to serve as middle ground in such an extremist court. Or he could have done the right thing and listened to his wife and the 68 percent of Americans who, according to www.cnn.com, believe nominating a woman would be a "good idea." In that sense, at least the Court would have remained as diverse as it has been since 1993 with two women serving as justices. \nHow much is at stake for women as the makeup of the court shifts from its already lopsided gender balance of seven men and two women? \nLots.\nIf Roberts is confirmed, many of the constitutional rights women have gained since the 1960s could be lost. Women could lose the right to privacy -- the very right that eventually led to the legalization of contraception and abortion. As we discover documents from Roberts's history, including a brief in which he wrote, "We continue to believe Roe v. Wade was wrongly decided and should be overruled," women and men alike can't help but ask: Could this single man succeed in turning back the clock on women's progress?\nIn a single day, Bush silenced the ticking of the clock. He originally nominated a man who, while respected by a large portion of Americans, can never replace President Reagan's memorable appointee, Sandra Day O'Connor -- the first female justice. Even O'Connor regarded Bush's choice as "good in every way, except he's not a woman."\nIn 1981, Reagan appointed a judge who literally and symbolically opened doors for women. But in the years following Reagan's selection, a total of six justices have joined the court -- all male except one. If Roberts is confirmed, all but one of the remaining justices will be male. And the only woman, Ruth Bader Ginsburg, is 72 years old with a history of cancer. \nWith O'Connor's retirement, the fragile 5-4 vote that currently protects a woman's right to an abortion could be destroyed and equality under the law could be reversed. But even if Roberts is confirmed because of the death of William H. Rehnquist, Bush can still do the correct thing and nominate a woman to replace O'Connor. \nBush's most important choice now rests in O'Connor's seat. \nWhether for or against Bush's nomination, it is perfectly clear Roberts can never be a replacement for O'Connor. She is too powerful a symbol of equality, equality in a sense that no male judge could ever bring.