EDITORIAL
O'Connor opening gives Bush a challenge

The retirement of Supreme Court Justice Sandra Day O'Connor marks the end of a illustrious career by a landmark jurist and the beginning of what undoubtedly will be a contentious process to replace her.

A stellar graduate of the Stanford Law School, O'Connor continued her climb to the top of a profession that, at the time, turned a cold shoulder toward ambitious women lawyers.

In her 24-year tenure as the first woman on the nation's high court, O'Connor served as a moderate, casting the swing vote in numerous divisive issues. Among the 5-4 decisions in which she sided with the majority was the 1992 decision that reaffirmed the right to an abortion; she also voted to uphold race-based college admissions, defend the McCain-Feingold campaign-finance law, bar clergy-led prayer at public high school graduations and let white voters challenge some election districts drawn to benefit racial minorities.

It's the kind of track record that has heightened tensions along the Republican-Democrat fault line in Congress. The president has said he likes the judicial philosophy of conservative Justices Antonin Scalia and Clarence Thomas. Liberals worry that this means his nominee will be a right-wing idealogue.

Bush insists that he will consult on all sides about potential appointments. And encouragingly, he doesn't seem inclined to rush a decision.

If the chief justice also retires soon, as some have predicted, the second opening would leave room for the president to show some equanimity, naming justices with somewhat contrasting political views. But as it is, Bush is certain to take the single O'Connor departure as an opportunity for a conservative appointment. That's to be expected: The president deserves the privilege of naming someone who fits with his own philosophy.

What's more important than partisan alignment is that his nominee exhibit a record of reasoned legal thinking, one whose written opinions exhibit clear-headed logic, as well as independence from the fluctuations of popular trends and politics.

The president should offer up such a person: Given his current shaky standing in the polls, it would be a smart political move as well as good public policy. And if he does, then the Senate should deliver what Bush seeks: a supportive confirmation vote in time for the court's October term.