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Supreme Court Justice O'Connor Resigns

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O'Connor's resignation creates the first opening on the Supreme Court in 11 years, one of the longest stretches without a vacancy in the two centuries since the court was founded. The court has not had such a lengthy period without an opening since the early 19th century.

Most of the speculation on a retirement from the court had centered on Chief Justice William H. Rehnquist, 80, who has been battling thyroid cancer.

Kathy Arberg, the Supreme Court's public information officer, said O'Connor told her she felt it was time to retire because of a combination of factors.

"She says she has served 24 years on the court," Arberg said. "She said it has been an enormous privilege to do so. She's 75 years old and she needs to spend time now with her husband." John Jay O'Connor III, a former tax lawyer, suffers from Alzheimer's, news agencies reported. The couple has three sons: Scott, Brian and Jay.

O'Connor was treated for breast cancer in 1988. There have been no reports recently indicating that she has any major health problems.

Arberg said O'Connor is "way out of reach and will not give interviews."

Because O'Connor is a moderate, her departure gives Bush a major opportunity to alter the direction of the court if he so chooses.

O'Connor's possible resignation has been rumored for months, although many thought Rehnquist would go first.

In anticipation of one or more departures, the White House has been stepping up preparations for a nomination.

Outside advisers believe the front-runners are U.S. Court of Appeals Judges J. Michael Luttig of the 4th Circuit and John G. Roberts of the D.C. Circuit, both considered strong conservatives. Bush might also prevail upon his reluctant friend, Attorney General Gonzales, who would be the first Hispanic justice but is seen by some conservatives as unreliable on issues such as abortion and affirmative action.

Other possible candidates include Judge Edith Holland Jones, 56, who was named by Ronald Reagan to the New Orleans-based 5th U.S. Circuit Court of Appeals, Judge Edith Brown Clement, 57, who was appointed by Bush to the same appeals court, and Judges Samuel A. Alito Jr. of the 3rd Circuit, Michael W. McConnell of the 10th Circuit, Emilio M. Garza of the 5th Circuit and J. Harvie Wilkinson III of the 4th Circuit

Partisans began arming for a possible confirmation battle months ago, and it was the subtext to the Senate battle over the Democratic minority's use of the filibuster to block Bush judicial appointments.


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