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O'Connor: 'Gone Fishing (almost)'First female justice hears last caseFrom Bill Mears  Justice Sandra Day O'Connor will leave the Supreme Court once the Senate confirms her successor. RELATEDSPECIAL REPORT
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YOUR E-MAIL ALERTSWASHINGTON (CNN) -- A quiet milestone passed on Wednesday as Justice Sandra Day O'Connor heard what is likely her final oral argument, after nearly a quarter century as a pioneering role model and powerful force on an ideologically divided Supreme Court. The case itself was unremarkable: a federalism dispute over rights of financial investors to sue for recovery under state law. She asked no questions of the lawyers, rare for a justice who often dominated oral arguments. Her silence may be practical. O'Connor's participation in the case likely is moot, since court rules say a justice's vote in a case counts only if he or she is still on the bench when the opinion is issued. A ruling in this case is not expected for several weeks at least, and is likely to come after she has retired. (Watch O'Connor played powerful role on nation's highest court -- 3:41) Earlier Wednesday she created some minor drama by reading in open court her opinion on what was the most watched case of the term so far: whether a New Hampshire law requiring parental notification for minors seeking an abortion was valid. The court bypassed the larger constitutional questions and sent the case back to lower federal courts for reconsideration. (Full story) It was fitting that the case involved abortion, an issue that has become a key part of O'Connor's judicial legacy. O'Connor was the "swing" vote that decided a number of cases upholding the right to abortion. This day came much later than anyone could have predicted. The 75-year-old O'Connor, the first woman to sit on the Supreme Court, announced her retirement on July 1. But it was effective upon the confirmation of her successor. That process has dragged over nearly seven months and three nominees, and was complicated by the death of Chief Justice William Rehnquist in September. Current Chief Justice John Roberts was originally nominated to fill O'Connor's seat, but was elevated to the top spot just days after Rehnquist's death in early September. White House Counsel Harriet Miers then got the nomination from her boss, President Bush. But she withdrew her name on October 27 following criticism from conservative Republicans over her judicial credentials. Now the president's current nominee, federal Judge Samuel Alito, may be only days away from confirmation, after completing four days of Senate hearings. A Judiciary Committee vote is scheduled for Tuesday, with a floor vote possible as soon as the next day. For the time being, she will continue to participate in court business, voting on cases and attending closed-door conferences with the other justices to discuss pending appeals. Her final public appearance on the bench could come on Monday when the court meets briefly in public session to issue orders and possibly opinions. The justices then go on a four-week recess, returning February 21, probably without O'Connor. No farewell ceremonies are expected, although Roberts may issue a statement on her last day thanking O'Connor for her years of service. A similar proclamation is expected from President Bush and members of Congress. Sources close to O'Connor say the past few months have been personally difficult for her. "The last thing Justice O'Connor wanted was a long goodbye, but despite that she is completely focused on the work at hand, and when that's done, she'll go," said one colleague, who asked not to be identified. "She has too much toughness and dignity to let things outside her control affect her." Other sources say she expressed "quiet disappointment" she was not able to step down before the recent holidays, but has continued with her work without complaint. And the justice has rejected any show of sentiment among colleagues and friends over her retirement. But maybe a little humor. Her recent Christmas card showed a picture of the Supreme Court with a sign out front saying "Gone Fishing." In parentheses underneath was written "almost." "Justice O'Connor loves the court as an institution," said Andrew McBride, a private attorney and a 1988 O'Connor law clerk. "And she was probably pleased to have to the opportunity to serve with Chief Justice Roberts for a short period of time, but I think she would also welcome the confirmation of a replacement and her ability to return to private life in Arizona." She decided to retire to take care of her ailing husband, John O'Connor, who has Alzheimer's disease. The O'Connors sold their Washington house and are planning a permanent move to the Phoenix area. She has been regularly commuting between the two cities, while continuing to give speeches and promote a new children's book she wrote. 
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