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Sandra Day O'Connor Announces Retirement; Holidays Proceed Despite Rising Gas Prices

Aired July 01, 2005 - 15:00   ET

THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.

KYRA PHILLIPS, HOST: Organizers hope the Live 8 event will turn up the heat on G-8 leaders. They're set to meet next week over debt relief, better aid and freer trade for the world's poorest nations.
Tonight, a CNN prime time special. Christiane Amanpour zeroes in on global poverty: "CAN WE SAVE THEM?" Only on CNN, Saturday, 7 p.m. Eastern.

High court vacancy. High stakes opportunity. High anxiety for activists of both parties but mainly Democrats. Sandra Day O'Connor, the first woman to serve on the Supreme Court of the United States, is stepping down, effective on the confirmation of her successor.

But therein lies the drama which President Bush alluded to after the flowery tribute in the Rose Garden.

(BEGIN VIDEO CLIP)

GEORGE W. BUSH, PRESIDENT OF THE UNITED STATES: America is proud of Justice O'Connor's distinguished service. And I'm proud to know her. Today she has the gratitude of her fellow citizens. And she and John and their family have our respect and good wishes.

Sandra Day O'Connor joined the nation's highest court in 1981 as the first woman ever appointed to that position. Throughout her tenure, she has been a discerning and conscientious judge and a public servant of complete integrity. Justice O'Connor's great intellect, wisdom, and personal decency have won her the esteem of her colleagues and our country.

Under the Constitution, I am responsible for nominating a successor to Justice O'Connor. I take this responsibility seriously. I will be deliberate and thorough in this process.

(END VIDEO CLIP)

PHILLIPS: Though the White House is known to have been planning this moment for years, we're told not to expect a nomination announcement until the president returns from Europe late next week.

Well, when the week began and the high court ended its current term, many people expected the cancer stricken chief justice would be the one to retire. Well, that wasn't the case, and O'Connor kept her intentions private, even from her children and President Bush until today.

CNN's Joe Johns joins me again on a momentous day in Washington. It's true. We thought it would be Rehnquist, but she surprised us.

JOE JOHNS, CNN CORRESPONDENT: That's for sure. A lot of people were predicting the chief justice would be the first to step down. Of course, we did know for quite a while, frankly, that Justice Sandra Day O'Connor had been considering stepping down.

Of course, today's statement didn't lend a lot of new information. We did know that her husband was sick. She wanted to spend some more time with him. The statement she put out very minimalist, very dignified, reads, "This is to inform you of my decision to retire from the court as an associate justice effective upon the nomination and confirmation of my successor. It's been a great privilege, indeed, to have served as a member of the court for 24 terms. I leave it with enormous respect for the integrity of the court and its role under our constitutional structure."

Sandra Day O'Connor, a historic figure for the United States Supreme Court, 74 years old, came to the court in 1981. The first female justice of the United States Supreme Court.

We're told, of course, that her husband, John, is sick with Alzheimer's, and that certainly factored into the decision. We're also told that she sat down with her family and talked to them very recently, just this week, and all of this kept very close to the vest until at least just last night when it became clear that something was happening with Justice O'Connor -- Kyra.

PHILLIPS: OK. Joe Johns, thank you so much.

Well, the president says, and we quote, "This great lady, born in El Paso leaves some mighty big boots to fill." Did we mention she's a member of the National Cowgirl Hall of Fame? That's right.

And her successor, he vows, will meet a high standard of ability, judgment and integrity. Fresh off that filibuster crisis stemming from appointments to lower courts, Democrats say they want to play ball. There are a lot of plays on the team.

(BEGIN VIDEO CLIP)

SEN. EDWARD KENNEDY (D), MASSACHUSETTS: Today President Bush is faced to impact every facet of constitutional law and the freedoms this country was founded upon. I urge President Bush to consult with the United States Senate on his nominee to the nation's highest court and to nominate someone whose record consistent with the ideals and freedoms of the United States.

(END VIDEO CLIP)

PHILLIPS: A couple weeks ago a CNN/"USA Today"/Gallup poll asked Americans what Democrats should do if the president picks a high court nominee whom they, Democrats, oppose. Four in 10 said the Dems should grit their teeth and confirm the nominee anyway. A scant majority, 53 percent, said they should try to send him or her packing.

Well, as Justice Sandra Day O'Connor announces her plan to step down, she sets in motion a process that will, at very least, be interesting. CNN's John King has more on the political chess match that lies ahead over who will succeed Justice O'Connor on the bench.

(BEGIN VIDEOTAPE)

JOHN KING, CNN CORRESPONDENT: Our White House correspondents have looked at the short list, and most expect the president's pick will come from that list. But there would be pressure, of course. Sandra Day O'Connor was the first woman. Some groups would say keep another woman on the court. There is Ruth Bader Ginsberg, a Clinton appointee, on the court now.

The president's decision will be influenced by Harriet Meyers, his counsel, who of course is a woman, but the president also could be looking for legacy, Kyra. He could be looking to name the first Hispanic to the court. And a name that comes up sometime in that context is the attorney general of the United States, Alberto Gonzales, who was the president's White House counsel in the first term.

Many conservatives don't trust Mr. Gonzales, because he was a Texas Supreme Court justice, had some rulings in abortion-related and other cases. Some conservatives worry he could become like David Souter of the first Bush term, someone nominated as a conservative who turns out to be more centrist.

So we will get the president's pick, probably in a matter of a week or so, perhaps a little bit longer.

There are some contrarians who think the president will pick somebody from the appellate bench who has been confirmed once or twice before by the Senate and it won't be as big a fight as we think. But everybody is preparing, Kyra, for quite the opposite.

PHILLIPS: John, interesting, you mentioned Alberto Gonzales. You also have another possible Hispanic that could take that spot, Emilio Garza, also a fellow Texan.

KING: A fellow Texan who sits on the appellate court. He was first put on the federal district bench by this president's father, George H.W. Bush, then elevated to the appellate bench. He is someone, again, he has been confirmed twice by the United States Senate.

Now some liberal groups have already said they will oppose him if he is a Supreme Court nomination. That is one of the key tests for the president, in the sense that if you pick someone who's been confirmed a couple of times before, it makes it a bit harder for the interest groups to knock them down. Although that would be the old rule, if you will.

This is, as you noted, the first pick in 11 years. The Internet, all the blogs, the use of attack ads in judicial nominations. These are all new dynamics since the last court pick 11 years ago.

And both of President Clinton's picks were pretty non- controversial. Steven Breyer and Ruth Bader Ginsberg generated nowhere near the controversy and political heat, say, of Robert Bork back in the Reagan administration and the Bush administration. So this will be an interesting test. Clarence Thomas in the Bush administration, Robert Bork back in the '80s. We have not had a huge fight since then. And of course, our business has changed then, and so have political campaigns.

(END VIDEOTAPE)

PHILLIPS: That was CNN's chief national correspondent John king.

Well, former first lady Nancy Reagan is speaking out about O'Connor's announcement. In a written statement Mrs. Reagan says, "When my husband had his first opportunity to make a nomination to the Supreme Court, he very much wanted to appoint a woman. He saw in Sandra Day O'Connor a sense of fairness and devotion to the public good, and she has certainly lived up to his expectations. Over the years, we all became good friends. My love goes with her and John as they enter this new period of their lives, and I wish them much happiness."

President Reagan broke almost 200 years of tradition when he chose O'Connor for the high court. She took her seat as associate justice only months after his first inauguration.

More now about the private side of a public person and the kind of insight you can only get from a biographer. Lisa McElroy has written a couple of books about America's first female Supreme Court justice. This one for grade school children came out in 2003. Lisa McElroy joins us now live from Boston with a little more.

I don't know if that was the one that came out in 2003. Was that right? Did we get the right book cover there, Lisa? Did you see it?

LISA MCELROY, O'CONNOR BIOGRAPHER: That one did come out, yes, in 2003.

PHILLIPS: OK. Good. I wasn't really sure. All right.

MCELROY: And my -- my first...

PHILLIPS: Yes?

MCELROY: My first book about the justice was a really wonderful day because it came out in 1999 on the same day that my first child was born. And so it was a really wonderful day in all respects.

PHILLIPS: Now is that the one that you wrote with Sandra Day O'Connor's granddaughter Courtney?

MCELROY: I did. It's called "Meet My Grandmother: She's a Supreme Court Justice." And it was a lot of fun to do because one of the things that the justice really, really loves is her family, and she just absolutely loves being a grandmother. It's one of her favorite things. PHILLIPS: Well, let's -- talk about that for an opinion, because we have a number of pictures with Sandra Day O'Connor and her granddaughter. Tell us about writing this book with Courtney and what she told you and what you learned about Sandra Day O'Connor as a grandmother.

MCELROY: Well, what I learned was that, and I've continued to understand this and learn this even more over the years since, is that Justice O'Connor is one of the most down to earth, kindest, most family oriented people I've ever met.

And when I suggested that I do this book with her, she did not know me. I was a young lawyer in Boston. And I wrote to her after hearing her give a speech and said, "I'd love to write about you and your granddaughter Courtney." And she was just so excited about this project.

And what I thought was especially wonderful about that was that Courtney had a very real sense of her grandmother as a real person. And I remember Courtney -- we were talking around Washington visiting some of the monuments and Courtney saying to me, "I'm not sure what the big deal is that people think when they see her. She's just my grandma." And that's really who she is.

PHILLIPS: And you learned a lot of personal insights about her, not only because of how she interacted, as we see here, with her granddaughter, Courtney, but like you said, when your first child was born and then you went on to have more children, Sandra Day O'Connor actually wrote letters to your kids. Is that right?

MCELROY: That's right. She was -- she wrote to me, congratulating me on the birth of my children and was, you know, very, very excited for me.

I remember that she wrote to me when Zoe was born, my first daughter, who's now six. She wrote to me, "She will change your life in many wonderful and dramatic ways." And that letter is in my daughter's baby book. And I know she'll treasure it when she gets older.

And of course, the justice was absolutely right. She -- my children have changed my life.

And one of the things that was so wonderful about the justice then and now is that the justice has been such a mentor to me, so kind to me, because I am a law professor. I am a writer. And I am a mother. And she has been so encouraging to me in combining those roles and in being the best I can be at all of those roles, just as she has been.

PHILLIPS: Maybe you can give us a little insight, Lisa, too, into her marriage and relationship with her husband, John. You did give us this beautiful picture of her dancing with her husband, John, their wedding, also. And he's suffering from Alzheimer now.

What can you tell us about her as a wife? And this relationship that they've had for so many years, extremely strong relationship, no doubt.

MCELROY: Well, I do know that her marriage is very, very important to her, that marriage in general is very important to her, that her children and her grandchildren are very important to her. And that, you know, her personal life, her family, she counts among her greatest accomplishments.

PHILLIPS: You also told me a funny story about her dedication to fitness. She felt a healthy body meant a healthy mind. And she actually got an aerobics class going at the Supreme Court building. Is that right?

MCELROY: She did. The justice is very into physical fitness, and when she joined the Supreme Court, she began an aerobics class at the Supreme Court for the women who work at the court. As you can see from this photo, on the top floor of the court there's a basketball court, and it's very amusingly called the highest court in the land because it's on the top of the Supreme Court building. And of course that's what the court is called.

And she started this aerobics class. She does it every -- three days as week. Very committed. She also plays tennis regularly, golf regularly. She got a hole in one not too long ago. She's very into fitness. And she really believes that that contributes to her productivity. And of course, we know she's one of the most productive women out there.

PHILLIPS: And Lisa, you also told me one really -- one thing you remember very well what she said to you, that it wasn't important to her to be the first woman but to not be the last woman on the Supreme Court.

MCELROY: That's right. She's expressed to me and to my students that it was an enormous honor for her to be nominated as the first woman on the Supreme Court. And it was an honor that she took very, very seriously.

But at the same time, she really saw her role as not being the last woman on the Supreme Court, as showing that women could be great lawyers and women could be great judges and that she would make her mark best by leaving that legacy. And by having other women join her on the court and follow her on the court.

And I know that that's very, very important to her. And that she -- she, you know, very much encourages young women in careers and young women as lawyers.

PHILLIPS: Lisa McElroy. You've written a number of wonderful books. But lucky enough to write two about Sandra Day O'Connor, one even with her granddaughter, Courtney. Thanks so much for giving us a little personal insight into the Supreme Court justice.

MCELROY: Thank you so much. And congratulations to the justice on her retirement.

PHILLIPS: Thank you, Lisa. MCELROY: Thank you.

PHILLIPS: Well, if you want to learn more about Justice O'Connor and check out a list of potential nominees, log on to CNN.com for our special report. Find out how the confirmation process works and why it could turn into a nasty political battle between Democrats and Republicans.

And at the bottom of the hour hear more from one high ranking Democratic senator, who will be -- likely be at the center of that battle. Yes, we're talking about Edward Kennedy. He's going to speak with CNN's "INSIDE POLITICS."

And up next on CNN's LIVE FROM, how high do gas prices have to go before Americans change their driving ways? We'll hit the highway to find out, next.

(COMMERCIAL BREAK)

PHILLIPS: Well, today's curious possible criminal behavior story courtesy of San Antonio, Texas. That's where a mental hospital patient called a nationwide radio talk show this week and confessed to killing a man in Atlanta, Georgia, more than 10 years ago. His voice never went on the air, but it was recorded.

(BEGIN VIDEO CLIP)

CHEO ASH, MENTAL HOSPITAL PATIENT: In the act of the robbery I killed this Indian guy. I apologize, and I send my deepest condolences. I took your father and I took your husband all because the rent was due.

(END VIDEO CLIP)

PHILLIPS: Well, the caller is in the mental hospital waiting for a competency hearing in another criminal case. Police are skeptical but taking the confession seriously. They've issued a warrant for the caller's arrest.

Other news across America, firefighters will use air power to help battle a massive wildfire in central Arizona. Heavy air tankers are expected to drop flame retardant on the area to reinforce fire lines. On the ground, firefighters continue to dig containment lines. The wildfire, which has burned almost 200,000 acres, is 42 percent contained.

Los Angeles has a new mayor. Antonio Villaraigosa formally took his oath of office today, becoming the first Hispanic mayor in L.A. in more than a century. Villaraigosa, a Democrat, promises to tackle gang crime, failing schools and the city's notorious traffic problems.

Time is money, especially when you're Warren Buffett, the world's second richest man. Someone has bid more than $351,000 in an online charity auction to have lunch with the billionaire businessman. The bidder, whose identity hasn't been revealed, can bring seven friends to the meal. The money benefits a foundation for the homeless. A record number of Americans are expected to take to the road this Fourth of July weekend, that despite rising prices at the pump. So how high do gas prices have to go before Americans make major changes in their driving habits?

CNN's Chris Huntington takes a look.

(BEGIN VIDEOTAPE)

CHRIS HUNTINGTON, CNN CORRESPONDENT (voice-over): OK, so be honest. Have you changed anything about the way you drive or traded in your old guzzler because of high gas prices? Maybe your cousin bought a hybrid, but did you? Chances are you are shrugging and chugging, just like this woman in Chicago, paying more but driving no less.

UNIDENTIFIED FEMALE: People are always complaining about it, but they're usually complaining about it while they're filling up.

HUNTINGTON: Syndicated cartoonist Chip Bach nailed the American motorist in hundreds of papers across this country this past week. An apparently well-fed gent gassing up his SUV but showing no response to crude oil at $60 a barrel.

So how expensive do oil and gas have to get for us to change our ways? This San Francisco man says he can't take much more.

UNIDENTIFIED MALE: Three dollars would be where I would draw the line.

HUNTINGTON: In Chicago, a bit more slack.

UNIDENTIFIED MALE: Probably not until, like, $3.50, $4 a gallon.

HUNTINGTON: But in New York, plenty of room to run.

UNIDENTIFIED MALE: The majority of folks out here are laughing at $3 a gallon. Four dollars a gallon, they may say, "I may work overtime." Five dollars a gallon, they'll start to consider the other car. And then they'll start to -- $6, you're out.

HUNTINGTON: The facts don't lie. Gas prices, high as they are, have not slowed U.S. consumption one bit. According to the departments of transportation and energy, American motorists, who already drive more miles and burn more fuel than anyone else on the planet, are on pace for another record year.

This Fourth of July weekend, AAA predicts that more Americans will drive more miles than ever before over a three-day holiday.

As for slowing down or obeying the speed limit to conserve fuel? Don't count on it.

(on camera) I bet you with this big Beamer you're still getting it up to 70 sometimes.

UNIDENTIFIED MALE: Higher than that.

HUNTINGTON: Chris Huntington, CNN, New York.

(END VIDEOTAPE)

PHILLIPS: You need a little extra cash? What about turning your body into a billboard? Up next, why one woman did just that.

(COMMERCIAL BREAK)

(BEGIN VIDEOTAPE)

CHRISTINA PARK, CNN.COM: We're examining some heavenly bodies at CNN.com/space as the NASA probe gets closer to making a hyper speed smash-up with a comet.

Deep Impact is the first probe designed to do so. The size of a washing machine, it will crash into a comet about half the size of Manhattan. Another component the size of a car will help record the collision.

NASA scientists hope to unlock the secrets of comets by watching what happens during and after this cosmic collision.

Comets have been called everything from divine to dirty snowballs. They're made of ice, dust and gas leftover from when the sun and planets formed. Scientists believe they may hold the keys to the birth of the Solar System and perhaps life itself.

While you're online, meet comet Temple One (ph), a jet black, pickle-shaped icy dirtball. It's flying at a speed equal to traveling from New York to L.A. in about seven minutes.

This crash will take place over 80 million miles away, but all you have to do is log on to CNN.com/space for your front row seat.

I'm Christina Park, reporting from the dot com desk.

(END VIDEOTAPE)

PHILLIPS: Of course, this picture needs no explanation: a pretty happy Venus Williams after bringing home the Wimbledon prize.

But I think this next picture might need a little bit more explanation. That's Kari Smith and her 11-year-old son Brady. And yes, that's a tattoo on her head via a nice tattoo parlor in Salt Lake City, Utah.

Well, Kari had the words GoldenPalace.com tattooed on her forehead. Smith advertised the space on her forehead on eBay, which the Golden Palace Casino purchased for $10,000. Keep in mind, only $10,000.

Well, the goal was to take that money to send her son to private school. A couple questions, though. What about college? And what about the tattoo? That wraps up this Friday edition of LIVE FROM. Suzanne Malveaux with a preview of what's ahead on "INSIDE POLITICS."

A lot to talk about with Sandra Day O'Connor.

SUZANNE MALVEAUX, HOST, "INSIDE POLITICS": An awful lot, Kyra. An awful lot in the news today.

The first woman on the Supreme Court announces that she is retiring. Coming up our Judy Woodruff, who conducted the last CNN interview with Sandra Day O'Connor.

Plus, with the vacancy in the high court, the battle lines are drawn. We'll take a look at the upcoming battle to fill O'Connor's seat.

All this and much, much more when I go "INSIDE POLITICS" in two minutes.

(COMMERCIAL BREAK)

PHILLIPS: Now in the news, she's the first woman appointed to the United States Supreme Court and the first justice in 11 years to hang up the robe. Sandra Day O'Connor will retire, effective when a replacement is confirmed. Justice O'Connor is 75. She announced today her desire to spend more time with her family.

Now it's up to President Bush. The wheels are turning already to nominate O'Connor's successor. The president told reporters at the White House he'd make his pick known within a few days and praised Justice O'Connor as a discerning and conscientious judge.

Key Washington Democrats also with words of acclaim for Justice O'Connor. She was a moderate conservative but did lean left occasionally in her 24 years on the bench. Democrat senators are already pressing the White House for a middle of the road Supreme Court justice nominee.

Stay tuned for "INSIDE POLITICS." We'll see you next week.

END

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