Sandra Day O'Connor
Encyclopedia
Sandra Day O'Connor is an American jurist
who was the first female member of the Supreme Court of the United States
. She served as an Associate Justice
from 1981 until her retirement from the Court in 2006. O'Connor was appointed by President
Ronald Reagan
in 1981. In the latter years of her tenure, she was regarded as having the swing opinion in many cases.
Prior to O'Connor's appointment to the Court, she was an elected official and judge in Arizona
. On July 1, 2005, she announced her intention to retire effective upon the confirmation of a successor. President George W. Bush
first unsuccessfully nominated Harriet Miers
to replace O'Connor, then nominated Justice Samuel Alito
to take her seat in October 2005. Alito joined the Court on January 31, 2006.
O'Connor is Chancellor of The College of William & Mary in Williamsburg
, Virginia, and serves on the board of trustees of the National Constitution Center
in Philadelphia, Pennsylvania.
In 2001, the Ladies' Home Journal
ranked her as the second-most-powerful woman in America. In 2004 and 2005, Forbes
magazine listed her as the sixth- and thirty-sixth-most-powerful woman in the world, respectively; the only American women preceding her on the 2004 list were then-National Security Advisor
Condoleezza Rice
, then-U.S. Senator
Hillary Rodham Clinton
, and then-First Lady
Laura Bush
. On August 12, 2009, she was awarded the Presidential Medal of Freedom
, the highest civilian honor of the United States, by President Barack Obama
.
, Texas, to Harry Alfred Day, a ranch
er, and Ada Mae Wilkey. She grew up on a cattle ranch near Duncan
, Arizona. She later wrote a book with her brother, H. Alan Day, Lazy B : Growing up on a Cattle Ranch in the American West, about her childhood experiences on the ranch. For most of her early schooling, O'Connor lived in El Paso with her maternal grandmother
, and attended public schools
and the Radford School for Girls, a private school
. She graduated sixth in her class at Austin High School
, in El Paso
, in 1946. She attended Stanford University
, where she received her B.A. in economics in 1950. She continued at the Stanford Law School
for her LL.B.
, serving on the Stanford Law Review
with its presiding editor in chief, future Supreme Court Chief Justice
William Rehnquist
, who was the class valedictorian
, and whom she briefly dated during law school.
On December 20, 1952, she married John Jay O'Connor
(John J. O'Connor III) and they had three sons: Scott, Brian, and Jay. Her husband suffered from Alzheimer's disease
for nearly twenty years prior to his death and she has become involved in creating more awareness about the disease. By November 2007, her family's situation had been made more difficult since, because of memory loss, her husband formed new personal attachments in the institution where he lived while not fully recalling his life-long family connections, yet her family was relieved to see her husband of 55 years so content. John O'Connor died on November 11, 2009, aged 79.
of San Mateo County, California
from 1952–1953 and as a civilian attorney for Quartermaster Market Center in Frankfurt am Main, Germany, from 1954–1957. From 1958–1960, she practiced law in the Maryvale neighborhood of Phoenix
, Arizona, and served as Assistant Attorney General of Arizona from 1965–1969.
In 1969 she was appointed to the Arizona State Senate
by Republican Arizona Governor Jack Richard Williams
and was subsequently re-elected as a Republican to two two-year terms. In 1973, she was elected majority leader
, being the first female majority leader in state legislatures.
In 1975, she was elected judge of the Maricopa County Superior Court
(Arizona) and served until 1979, when she was appointed to the Arizona Court of Appeals
by Democratic
Arizona Governor Bruce Babbitt
. During her time in the Arizona state government, she served in all three of its branches
. As of 2011, O'Connor was the last Supreme Court justice to have held elected office.
On July 7, 1981, Reagan – who had pledged during his 1980 presidential campaign to appoint the first woman to the Court – nominated O'Connor as an Associate Justice of the Supreme Court, to replace the retiring Potter Stewart
.
Pro-life and religious groups
opposed O'Connor's nomination because they suspected she would not be willing to overturn Roe v Wade. U.S. Senate Republicans, including Don Nickles
of Oklahoma
, Steve Symms
of Idaho
, and Jesse Helms
of North Carolina
called the White House
to express their discontent over the nomination; Nickles said he and "other profamily Republican senators would not support" O'Connor. For her part, O'Connor refused to telegraph her views on abortion, and she was careful not to leave the impression that she supported abortion rights
. O'Connor told Reagan she did not remember whether she had voted to repeal Arizona's law banning abortion. However, she had cast a preliminary vote in the Arizona State Senate in 1970 in favor of a bill to repeal the state's criminal-abortion statute. In 1974, O'Connor had voted against a measure to prohibit abortions in some Arizona hospitals.
Reagan wrote in his diary on July 6, 1981: "Called Judge O'Connor and told her she was my nominee for supreme court. Already the flak is starting and from my own supporters. Right to Life people say she is pro abortion. She says abortion is personally repugnant to her. I think she'll make a good justice." On September 21, O'Connor was confirmed by the U.S. Senate
with a vote of 99–0. In her first year on the Court she received over 60,000 letters from the public, more than any other justice in history.
In several speeches broadcast nationally on the cable network C-SPAN
, she mentioned feeling some relief from the media clamor when Ruth Bader Ginsburg
joined her as an Associate Justice of the Court in 1993. In May 2010, O'Connor warned female Supreme Court nominee Elena Kagan
about the "unpleasant" process of confirmation hearings.
O'Connor was part of the federalism movement
and approached each case as narrowly as possible, avoiding generalizations that might later "paint her into a corner" for future cases. Initially, her voting record aligned closely with the conservative Rehnquist (voting with him 87% of the time her first three years at the Court). From that time until 1998 O'Connor's alignment with Rehnquist ranged from 93.4% to 63.2%, hitting above 90% in three of those years. In nine of her first sixteen years on the Court, O'Connor voted with Rehnquist more than with any other justice.
Later on, as the Court's make-up became more conservative (i.e., Anthony Kennedy
replacing Lewis Powell, and Clarence Thomas
replacing Thurgood Marshall
), O'Connor often became the swing vote
on the Court. However, she usually disappointed the Court's more liberal bloc in contentious 5–4 decisions: from 1994 to 2004, she joined the traditional conservative bloc of Rehnquist, Antonin Scalia
, Anthony Kennedy
, and Thomas 82 times; she joined the liberal bloc of John Paul Stevens
, David Souter
, Ginsburg, and Stephen Breyer
only 28 times.
O'Connor's (relatively small) shift away from conservatives on the Court seems to have been due at least in part to Thomas's views. When Thomas and O'Connor were voting on the same side, she would typically write a separate opinion of her own, refusing to join his. In the 1992 term, O'Connor did not join a single one of Thomas' dissents.
Willamette University College of Law
Professor Steven Green, who served for nine years as general counsel for Americans United for Separation of Church and State
and has argued before the Court numerous times stated, "She was a moderating voice on the court and was very hesitant to expand the law in either direction." Green also noted that, unlike some other Court justices, O'Connor "[s]eemed to look at each case with an open mind".
Some of the cases in which O'Connor was the deciding vote include:
McConnell v. FEC, : This ruling upheld the constitutionality of most of the McCain-Feingold campaign-finance bill
regulating "soft money" contributions.
Grutter v. Bollinger
, and Gratz v. Bollinger
, : O'Connor wrote the opinion of the court in Grutter and joined the majority in Gratz. In this pair of cases, the University of Michigan
's undergraduate admissions program was held to have engaged in unconstitutional reverse discrimination
, but the more-limited type of affirmative action
in the University of Michigan Law School
's admissions program was held to have been constitutional.
Zelman v. Simmons-Harris
, : O'Connor joined the majority holding that the use of school vouchers for religious schools did not violate the First Amendment's Establishment Clause.
Boy Scouts of America v. Dale
, : O'Connor joined the majority in holding that New Jersey
violated the Boy Scouts
' freedom of association by prohibiting it from discriminating against its troop leaders on the basis of sexual orientation.
United States v. Lopez
, : O'Connor joined a majority holding unconstitutional Gun-Free School Zones Act as beyond Congress's Commerce Clause
power.
Bush v. Gore
, : O'Connor joined with four other justices on December 12, 2000, to rule on the Bush v. Gore case that ceased challenges to the results of the 2000 presidential election (ruling to stop the ongoing Florida election recount
and to allow no further recounts). This case effectively ended Gore's hopes to become president. Some legal scholars have argued that she should have recused herself from this case, citing several reports that she became upset when the media initially announced that Gore had won Florida, with her husband explaining that they would have to wait another four years before retiring to Arizona.
O'Connor played an important role in other notable cases, such as:
Webster v. Reproductive Health Services
, : This decision upheld as constitutional state restrictions on second trimester abortions that are not necessary to protect maternal health, contrary to the original trimester requirements in Roe v. Wade
. Although O'Connor joined the majority, which also included Rehnquist, Scalia, Kennedy and Byron White
, in a concurring opinion she refused to explicitly overturn Roe.
Lawrence v. Texas
, : O'Connor wrote a concurring opinion contending that state laws that prohibited homosexual sodomy
, but not heterosexual sodomy, violated the Equal Protection Clause
of the Fourteenth Amendment to the U.S. Constitution
. Although she agreed with the majority in holding such laws unconstitutional, she did not join in the opinion that they violated the substantive due process afforded by the Due Process Clause. Under a ruling under the Equal Protection Clause
, states could still prohibit sodomy
, provided they prohibited both homosexual sodomy and heterosexual sodomy. On February 22, 2005, with Rehnquist and Stevens (who was senior to her) absent, she presided over oral arguments in the case of Kelo v. City of New London
, becoming the first woman to preside over an oral argument before the Court.
, "O'Connor was an eloquent opponent of intrusive group searches that threatened privacy without increasing security. In a 1983 opinion
upholding searches by drug-sniffing dogs, she recognized that a search is most likely to be considered constitutionally reasonable
if it is very effective at discovering contraband without revealing innocent but embarrassing information." Howard University
law professor Andrew Taslitz, referencing O'Connor's dissent in a 2001 case
, said of her Fourth Amendment
jurisprudence: "O'Connor recognizes that needless humiliation of an individual is an important factor in determining Fourth Amendment
reasonableness."
In the 1990 and 1995 Missouri v. Jenkins
rulings, O'Connor voted with the majority that district courts had no authority to require the state of Missouri
to increase school funding in order to counteract racial inequality. In the 1991 Freeman v. Pitts case, O'Connor joined a concurring opinion in a plurality, agreeing that a school district that had formerly been under judicial review for racial segregation
could be freed of this review, even though not all desegregation targets had been met. Law professor Herman Schwartz criticized these rulings, writing that in both cases "both the fact and effects of segregation were still present."
In 1987's McCleskey v. Kemp
, O'Connor joined a 5–4 majority that voted to uphold the death penalty for an African American man, Warren McCleskey, convicted of killing a white police officer, despite statistical evidence that black defendants were more likely to receive the death penalty than others both in Georgia
and in the U.S. as a whole.
In 1996's Shaw v. Hunt and Shaw v. Reno
, O'Connor joined a Rehnquist opinion, following an earlier path-breaking decision she authored in 1993, in which the court struck down an electoral districting plan designed to facilitate the election of two black representatives out of twelve from North Carolina, a state that had not had any black representative since Reconstruction, despite being approximately 20% black-- the Court held that the districts were unacceptably gerrymandered and O'Connor called the odd shape of the district in question, North Carolina's 12th, "bizarre".
Law Professor Herman Schwartz called O'Connor "the Court’s leader in its assault on racially oriented affirmative action
," although she joined with the Court in upholding the constitutionality of race-based admissions to universities.
In late 2008, O'Connor said she believed affirmative action should continue.
; she criticized that decision's "trimester approach" sharply in her dissent in 1983's City of Akron v. Akron Center for Reproductive Health. She criticized Roe in Thornburgh v. American College of Obstetricians and Gynecologists
: "... I dispute not only the wisdom but also the legitimacy of the Court's attempt to discredit and pre-empt state abortion regulation regardless of the interests it serves and the impact it has." In 1989, O'Connor stated during the deliberations over the Webster case that she would not overrule Roe. While on the Court, O'Connor did not vote to strike down any restrictions on abortion until Hodgson v. Minnesota
in 1990.
O'Connor allowed certain limits to be placed on access to abortion, but supported the fundamental right to abortion protected by the Due Process Clause of the Fourteenth Amendment. In Planned Parenthood v. Casey
, O'Connor used a test she had originally developed in City of Akron v. Akron Center for Reproductive Health
to limit the holding of Roe v. Wade
, opening up a legislative portal where a State could enact measures so long as they did not place an "undue burden" on a woman's right to an abortion. Casey revised downward the standard of scrutiny federal courts would apply to state abortion restrictions, a major departure from Roe. However it preserved Roe's core constitutional precept: that the Fourteenth Amendment protects the fundamental right to control one's reproductive destiny. Writing the plurality opinion for the Court, O'Connor, along with Justices Kennedy and Souter, famously declared: “At the heart of liberty is the right to define one’s own concept of existence, of meaning, of the universe, and of the mystery of human life. Beliefs about these matters could not define the attributes of personhood were they formed under compulsion of the State.” Planned Parenthood of Southeastern Pennsylvania v. Casey, 505 U.S. 833, 851 (1992).
, O'Connor said:
In the speech she noted the 2003 Court case, Atkins v. Virginia
, in which the majority decision (which included her) cited disapproval of the death penalty in Europe as part of its argument. This speech, and the general concept of relying on foreign law and opinion, was widely criticized by conservatives. In May 2004, the U.S. House of Representatives
responded by passing a non-binding resolution, the "Reaffirmation of American Independence Resolution", stating that "U.S. judicial decisions should not be based on any foreign laws, court decisions, or pronouncements of foreign governments unless they are relevant to determining the meaning of American constitutional and statutory law."
O'Connor once quoted the constitution of the Middle Eastern nation of Bahrain
, which states that "[n]o authority shall prevail over the judgement of a judge, and under no circumstances may the course of justice be interfered with." Further, "[i]t is in everyone's interest to foster the rule-of-law evolution." O'Connor proposed that such ideas be taught in American law schools, high schools and universities. Critics contend that such thinking is contrary to the U.S. Constitution
and establishes a rule of man, rather than law. In her retirement, she has continued to speak and organize conferences on the issue of judicial independence.
columnist Charles Krauthammer
, for instance, described her as lacking a judicial philosophy and instead displaying "political positioning embedded in a social agenda". Another conservative commentator, Ramesh Ponnuru
, wrote that, although O'Connor "has voted reasonably well", her tendency to issue very case-specific rulings "undermines the predictability of the law and aggrandizes the judicial role".
removed that year). One side effect of this experience was that there was perennial speculation over the next seventeen years that she might retire from the Court.
On December 12, 2000, The Wall Street Journal
reported that O'Connor was reluctant to retire with a Democrat in the presidency:
By 2005, the membership of the Court had been static for eleven years, the second-longest period without a change in the Court's composition in American history. Rehnquist was widely expected to be the first justice to retire during Bush's term, because of his age and his battle with cancer. However, on July 1, 2005, it was O'Connor who announced her retirement plans. In her letter to Bush she stated that her retirement from active service would take effect upon the confirmation of her successor.
On July 19, Bush nominated D.C. Circuit
Judge John G. Roberts, Jr. to succeed O'Connor, answering months of speculation as to Bush Supreme Court candidates
. O'Connor heard the news over the car radio on the way back from a fishing trip. She felt he was an excellent and highly qualified choice— he had argued numerous cases before the Court during her tenure—but was somewhat disappointed her replacement was not a woman.
On July 21, O'Connor spoke to a 9th U.S. Circuit
conference and blamed the televising of Senate Judiciary Committee hearings for escalated conflicts over judges. She expressed sadness over attacks on the independent judiciary
, and praised President Reagan for opening doors for women. O'Connor had been expected to leave the Court before the next term started on October 3, 2005. However, Rehnquist died on September 3 (she spoke at his funeral). Two days later, Bush withdrew Roberts as his nominee for her seat and instead appointed him to fill the vacant office of Chief Justice. O'Connor agreed to stay on the Court until her replacement was confirmed. On October 3, Bush nominated White House Counsel
Harriet Miers
to replace O'Connor. On October 27, Miers asked Bush to withdraw her nomination; Bush accepted her request later the same day. On October 31, Bush nominated Third Circuit
Judge Samuel Alito
to replace O'Connor; Alito was confirmed and sworn in on January 31, 2006.
O'Connor's last Court opinion, Ayotte v. Planned Parenthood of New England
, written for a unanimous court, was a procedural decision that involved abortion.
She stated that she plans to travel, spend time with family, and, because of her fear of the attacks on judges by legislators, will work with the American Bar Association
on a commission to help explain the separation of powers and the role of judges. She has also announced that she is working on a new book, which will focus on the early history of the Court. She is currently a trustee on the board of the Rockefeller Foundation
. She would have preferred to stay on the Court for several more years until she was ill and "really in bad shape" but stepped down to spend more time with her husband, who had been diagnosed with Alzheimer's disease previous to his death in 2009. O'Connor said it was her plan to follow the tradition of previous justices, who enjoy lifetime appointments. "Most of them get ill and are really in bad shape, which I would've done at the end of the day myself, I suppose, except my husband was ill and I needed to take action there."'
As of August 2009, she continues to hear cases and has rendered over a dozen opinions in federal appellate courts across the country, filling in as a substitute judge when vacations or vacancies leave their three-member panels understaffed.
, O'Connor said some political attacks on the independence of the courts pose a direct threat to the constitutional freedoms of Americans. She said any reform of the system is debatable as long as it is not motivated by "nakedly partisan reasoning" retaliation because congressmen or senators dislike the result of the cases. Courts interpret the law as it was written, not as the congressmen might have wished it was written, and "it takes a lot of degeneration before a country falls into dictatorship, but we should avoid these ends by avoiding these beginnings." On September 19, 2006, she echoed her concerns for an independent judiciary during the dedication
address at the Elon University School of Law
.
On September 28, 2006, O'Connor co-hosted and spoke at a conference at Georgetown University Law Center
, Fair and Independent Courts: A Conference on the State of the Judiciary.
Judge William H. Pryor, Jr.
, a conservative jurist, has criticized O'Connor's speeches and op-eds for hyperbole and factual inaccuracy, based in part on O'Connor's opinions as to whether judges face a rougher time in the public eye today than in the past.
On November 7, 2007, at a conference on her landmark opinion in Strickland v. Washington
(1984) sponsored by the Constitution Project
, O'Connor urged the creation of a system for "merit selection for judges". She also highlighted the lack of proper legal representation for many of the poorest defendants.
On August 7, 2008, O'Connor and Abdurrahman Wahid
, the former President of Indonesia
, wrote an editorial in the Financial Times
stating their concerns about the threatened imprisonment of Malaysian opposition leader Anwar Ibrahim
.
On November 19, 2008, O'Connor published an introductory essay to a themed issue on judicial accountability in the Denver University Law Review. She calls for a better public understanding of judicial accountability.
On January 26, 2010 O'Connor issued her own polite public dissent to the Citizens United v. Federal Election Commission
decision on corporate political spending, telling law students that the court has created an unwelcome new path for wealthy interests to exert influence on judicial elections.
for judges of lower federal courts), O'Connor has continued to receive a full salary, maintain a staffed office with at least one law clerk
, and to hear cases on a part-time basis in federal district courts
and courts of appeals
as a visiting judge
. However, conservative commentator Ed Whelan has questioned whether O'Connor is constitutionally entitled to act as a federal judge following her resignation: "In short, O’Connor resigned and became a former justice; she did not just take 'senior status.' Therefore, she was no longer a federal judge at all and has not been constitutionally eligible to serve as a judge."
In 2003, she wrote a book titled The Majesty of the Law: Reflections of a Supreme Court Justice (ISBN 0-375-50925-9).
On October 4, 2005, President Gene Nichol of the College of William & Mary announced that O'Connor had accepted the largely ceremonial role of becoming the 23rd Chancellor of the College, replacing Henry Kissinger
, and following in the position held by Margaret Thatcher
, Chief Justice Warren Burger, and President George Washington
. The Investiture Ceremony was held April 7, 2006. O'Connor continues to make semi-regular visits to the college.
In 2005, she wrote a children's book, Chico (ISBN 0-525-47452-8), which gives an autobiographical description of her childhood.
O'Connor was a member of the 2006 Iraq Study Group
, appointed by the U.S. Congress.
On May 15, 2006, O'Connor gave the commencement address at the William & Mary School of Law, where she said that judicial independence is "under serious attack at both the state and national level".
As of Spring 2006, O'Connor teaches a two-week course called "The Supreme Court" at the University of Arizona
's James E. Rogers College of Law
every spring semester.
In October 2006, O'Connor sat as a member of panels of the United States Courts of Appeals
for the Second
, Eighth
, and Ninth
Circuits, to hear arguments in one-day's cases in each court.
O'Connor chaired the Jamestown 2007
celebration, commemorating the 400th anniversary of the founding of the colony at Jamestown, Virginia
in 1607. Her appearances in Jamestown dovetailed with her appearances and speeches as chancellor at The College of William & Mary nearby.
In the fall of 2007, O'Connor and W. Scott Bales taught a course at the Sandra Day O'Connor College of Law at Arizona State University
.
In 2008, O'Connor was named an inaugural Harry Rathbun Visiting Fellow by the Office for Religious Life at Stanford University
. On April 22, 2008, she gave "Harry's Last Lecture On A Meaningful Life" in honor of the former Stanford Law professor who shaped her undergraduate and law careers.
In February 2009, O'Connor launched Our Courts, a website she created to offer interactive civics
lessons to students and teachers because she was concerned about the lack of knowledge among most young Americans about how their government works. On March 3, 2009, O'Connor appeared on the satirical
television program The Daily Show
with Jon Stewart
to promote the website. In August 2009, http://ourcourts.org/ added two online interactive games. The initiative expanded, becoming iCivics
in May 2010, and continues to offer free lessons plans, games, and interactive videogames for middle and high school educators.. During the inauguration of Mesa Municipal Court on April 16, 2010, she gracefully received a blessed garland - along with a copy of Bhagvad-gita As It Is from Dr Prayag Narayan Misra- a Hare Krishna devotee
She currently serves on the Board of Trustees of the National Constitution Center
in Philadelphia, which is a museum dedicated to the U.S. Constitution.
She was invited to the Carmel Author's Festival in California, in 2011, and was introduced by Everett Alvarez High School student, Jessica Lynn Rosa.
Additional information
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Jurist
A jurist or jurisconsult is a professional who studies, develops, applies, or otherwise deals with the law. The term is widely used in American English, but in the United Kingdom and many Commonwealth countries it has only historical and specialist usage...
who was the first female member of the Supreme Court of the United States
Supreme Court of the United States
The Supreme Court of the United States is the highest court in the United States. It has ultimate appellate jurisdiction over all state and federal courts, and original jurisdiction over a small range of cases...
. She served as an Associate Justice
Associate Justice of the Supreme Court of the United States
Associate Justices of the Supreme Court of the United States are the members of the Supreme Court of the United States other than the Chief Justice of the United States...
from 1981 until her retirement from the Court in 2006. O'Connor was appointed by President
President of the United States
The President of the United States of America is the head of state and head of government of the United States. The president leads the executive branch of the federal government and is the commander-in-chief of the United States Armed Forces....
Ronald Reagan
Ronald Reagan
Ronald Wilson Reagan was the 40th President of the United States , the 33rd Governor of California and, prior to that, a radio, film and television actor....
in 1981. In the latter years of her tenure, she was regarded as having the swing opinion in many cases.
Prior to O'Connor's appointment to the Court, she was an elected official and judge in Arizona
Arizona
Arizona ; is a state located in the southwestern region of the United States. It is also part of the western United States and the mountain west. The capital and largest city is Phoenix...
. On July 1, 2005, she announced her intention to retire effective upon the confirmation of a successor. President George W. Bush
George W. Bush
George Walker Bush is an American politician who served as the 43rd President of the United States, from 2001 to 2009. Before that, he was the 46th Governor of Texas, having served from 1995 to 2000....
first unsuccessfully nominated Harriet Miers
Harriet Miers
Harriet Ellan Miers is an American lawyer and former White House Counsel. In 2005, she was nominated by President George W. Bush to be an Associate Justice of the U.S...
to replace O'Connor, then nominated Justice Samuel Alito
Samuel Alito
Samuel Anthony Alito, Jr. is an Associate Justice of the U.S. Supreme Court. He was nominated by President George W. Bush and has served on the court since January 31, 2006....
to take her seat in October 2005. Alito joined the Court on January 31, 2006.
O'Connor is Chancellor of The College of William & Mary in Williamsburg
Williamsburg, Virginia
Williamsburg is an independent city located on the Virginia Peninsula in the Hampton Roads metropolitan area of Virginia, USA. As of the 2010 Census, the city had an estimated population of 14,068. It is bordered by James City County and York County, and is an independent city...
, Virginia, and serves on the board of trustees of the National Constitution Center
National Constitution Center
The National Constitution Center is an organization that seeks to expand awareness and understanding of the United States Constitution and operates a museum to advance those purposes....
in Philadelphia, Pennsylvania.
In 2001, the Ladies' Home Journal
Ladies' Home Journal
Ladies' Home Journal is an American magazine which first appeared on February 16, 1883, and eventually became one of the leading women's magazines of the 20th century in the United States...
ranked her as the second-most-powerful woman in America. In 2004 and 2005, Forbes
Forbes
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magazine listed her as the sixth- and thirty-sixth-most-powerful woman in the world, respectively; the only American women preceding her on the 2004 list were then-National Security Advisor
National Security Advisor (United States)
The Assistant to the President for National Security Affairs, commonly referred to as the National Security Advisor , serves as the chief advisor to the President of the United States on national security issues...
Condoleezza Rice
Condoleezza Rice
Condoleezza Rice is an American political scientist and diplomat. She served as the 66th United States Secretary of State, and was the second person to hold that office in the administration of President George W. Bush...
, then-U.S. Senator
United States Senate
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Hillary Rodham Clinton
Hillary Rodham Clinton
Hillary Diane Rodham Clinton is the 67th United States Secretary of State, serving in the administration of President Barack Obama. She was a United States Senator for New York from 2001 to 2009. As the wife of the 42nd President of the United States, Bill Clinton, she was the First Lady of the...
, and then-First Lady
First Lady of the United States
First Lady of the United States is the title of the hostess of the White House. Because this position is traditionally filled by the wife of the president of the United States, the title is most often applied to the wife of a sitting president. The current first lady is Michelle Obama.-Current:The...
Laura Bush
Laura Bush
Laura Lane Welch Bush is the wife of the 43rd President of the United States, George W. Bush. She was the First Lady of the United States from January 20, 2001, to January 20, 2009. She has held a love of books and reading since childhood and her life and education have reflected that interest...
. On August 12, 2009, she was awarded the Presidential Medal of Freedom
Presidential Medal of Freedom
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, the highest civilian honor of the United States, by President Barack Obama
Barack Obama
Barack Hussein Obama II is the 44th and current President of the United States. He is the first African American to hold the office. Obama previously served as a United States Senator from Illinois, from January 2005 until he resigned following his victory in the 2008 presidential election.Born in...
.
Early life and education
She was born in El PasoEl Paso, Texas
El Paso, is a city in and the county seat of El Paso County, Texas, United States, and lies in far West Texas. In the 2010 census, the city had a population of 649,121. It is the sixth largest city in Texas and the 19th largest city in the United States...
, Texas, to Harry Alfred Day, a ranch
Ranch
A ranch is an area of landscape, including various structures, given primarily to the practice of ranching, the practice of raising grazing livestock such as cattle or sheep for meat or wool. The word most often applies to livestock-raising operations in the western United States and Canada, though...
er, and Ada Mae Wilkey. She grew up on a cattle ranch near Duncan
Duncan, Arizona
Duncan is a town in Greenlee County, Arizona, United States. According to 2006 Census Bureau estimates, the population of the town is 713. It is part of the Safford Micropolitan Statistical Area. Duncan is at the juncture of the Gila River and the Arizona-New Mexico state border...
, Arizona. She later wrote a book with her brother, H. Alan Day, Lazy B : Growing up on a Cattle Ranch in the American West, about her childhood experiences on the ranch. For most of her early schooling, O'Connor lived in El Paso with her maternal grandmother
Grandparent
Grandparents are the parents of a person's own parent, whether that be a father or a mother. Every sexually-reproducing creature who is not a genetic chimera has a maximum of four genetic grandparents, eight genetic great-grandparents, sixteen genetic great-great-grandparents, etc...
, and attended public schools
Public education
State schools, also known in the United States and Canada as public schools,In much of the Commonwealth, including Australia, New Zealand, South Africa, and the United Kingdom, the terms 'public education', 'public school' and 'independent school' are used for private schools, that is, schools...
and the Radford School for Girls, a private school
Private school
Private schools, also known as independent schools or nonstate schools, are not administered by local, state or national governments; thus, they retain the right to select their students and are funded in whole or in part by charging their students' tuition, rather than relying on mandatory...
. She graduated sixth in her class at Austin High School
Austin High School (El Paso, Texas)
Stephen F. Austin High School is a secondary school in El Paso, Texas, opened in 1930. It is part of the El Paso Independent School District. The school's mascot is a Golden Panther named "Henry." The school was designed by Texas contractor and architect Robert E. McKee. When the local school...
, in El Paso
El Paso
El Paso, a city in the U.S. state of Texas, on the border with Mexico.El Paso may also refer to:-Geography:Colombia:* El Paso, CesarSpain:*El Paso, Santa Cruz de TenerifeUnited States:...
, in 1946. She attended Stanford University
Stanford University
The Leland Stanford Junior University, commonly referred to as Stanford University or Stanford, is a private research university on an campus located near Palo Alto, California. It is situated in the northwestern Santa Clara Valley on the San Francisco Peninsula, approximately northwest of San...
, where she received her B.A. in economics in 1950. She continued at the Stanford Law School
Stanford Law School
Stanford Law School is a graduate school at Stanford University located in the area known as the Silicon Valley, near Palo Alto, California in the United States. The Law School was established in 1893 when former President Benjamin Harrison joined the faculty as the first professor of law...
for her LL.B.
Bachelor of Laws
The Bachelor of Laws is an undergraduate, or bachelor, degree in law originating in England and offered in most common law countries as the primary law degree...
, serving on the Stanford Law Review
Stanford Law Review
The Stanford Law Review is a legal journal produced independently by Stanford Law School students. The journal was established in 1948 with future U.S. Secretary of State Warren Christopher as its first president...
with its presiding editor in chief, future Supreme Court Chief Justice
Chief Justice of the United States
The Chief Justice of the United States is the head of the United States federal court system and the chief judge of the Supreme Court of the United States. The Chief Justice is one of nine Supreme Court justices; the other eight are the Associate Justices of the Supreme Court of the United States...
William Rehnquist
William Rehnquist
William Hubbs Rehnquist was an American lawyer, jurist, and political figure who served as an Associate Justice on the Supreme Court of the United States and later as the 16th Chief Justice of the United States...
, who was the class valedictorian
Valedictorian
Valedictorian is an academic title conferred upon the student who delivers the closing or farewell statement at a graduation ceremony. Usually, the valedictorian is the highest ranked student among those graduating from an educational institution...
, and whom she briefly dated during law school.
On December 20, 1952, she married John Jay O'Connor
John Jay O'Connor
John Jay O'Connor III was an American lawyer and the husband of United States Supreme Court Associate Justice Sandra Day O'Connor, the first woman to serve on the court. O'Connor, a prominent lawyer in Arizona, suffered from Alzheimer's disease during his later life...
(John J. O'Connor III) and they had three sons: Scott, Brian, and Jay. Her husband suffered from Alzheimer's disease
Alzheimer's disease
Alzheimer's disease also known in medical literature as Alzheimer disease is the most common form of dementia. There is no cure for the disease, which worsens as it progresses, and eventually leads to death...
for nearly twenty years prior to his death and she has become involved in creating more awareness about the disease. By November 2007, her family's situation had been made more difficult since, because of memory loss, her husband formed new personal attachments in the institution where he lived while not fully recalling his life-long family connections, yet her family was relieved to see her husband of 55 years so content. John O'Connor died on November 11, 2009, aged 79.
Legal and political career
In spite of her accomplishments at law school, no law firm in California was willing to hire her as a lawyer due to her gender, although one firm did offer her a position as a legal secretary, an offer which she declined in order to pursue her aim of becoming a lawyer. She therefore turned to public service, taking a position as Deputy County AttorneyCounty attorney
A county attorney in many areas of the United States is the chief legal officer for a county or local judicial district. It is usually an elected position...
of San Mateo County, California
San Mateo County, California
San Mateo County is a county located in the San Francisco Bay Area of the U.S. state of California. It covers most of the San Francisco Peninsula just south of San Francisco, and north of Santa Clara County. San Francisco International Airport is located at the northern end of the county, and...
from 1952–1953 and as a civilian attorney for Quartermaster Market Center in Frankfurt am Main, Germany, from 1954–1957. From 1958–1960, she practiced law in the Maryvale neighborhood of Phoenix
Phoenix, Arizona
Phoenix is the capital, and largest city, of the U.S. state of Arizona, as well as the sixth most populated city in the United States. Phoenix is home to 1,445,632 people according to the official 2010 U.S. Census Bureau data...
, Arizona, and served as Assistant Attorney General of Arizona from 1965–1969.
In 1969 she was appointed to the Arizona State Senate
Arizona Senate
The Arizona Senate is part of the Arizona Legislature, the state legislature of the U.S. state of Arizona. The Senate consists of 30 members representing an equal amount of constituencies across the state, with each district having average populations of 219,859 . Members serve two-year terms with...
by Republican Arizona Governor Jack Richard Williams
Jack Richard Williams
John Richard Williams , a dedicated political conservative, was a radio announcer, advertising writer, mayor of Phoenix, and the 13th governor of Arizona...
and was subsequently re-elected as a Republican to two two-year terms. In 1973, she was elected majority leader
Majority leader
In U.S. politics, the majority floor leader is a partisan position in a legislative body.In the federal Congress, the role differs slightly in the two houses. In the House of Representatives, which chooses its own presiding officer, the leader of the majority party is elected the Speaker of the...
, being the first female majority leader in state legislatures.
In 1975, she was elected judge of the Maricopa County Superior Court
Arizona Superior Courts
Arizona Superior Courts are the trial courts of the U.S. state of Arizona. These include:*Maricopa County Superior Court*Pima County Superior Court*Cochise County Superior Court*Coconino County Superior Court*Gila County Superior Court...
(Arizona) and served until 1979, when she was appointed to the Arizona Court of Appeals
Arizona Court of Appeals
The Arizona Court of Appeals is the intermediate appellate court for the State of Arizona. It is divided into two divisions, with a total of twenty-two judges on the court: sixteen in Division One, based in Phoenix, and six in Division Two, based in Tucson....
by Democratic
Democratic Party (United States)
The Democratic Party is one of two major contemporary political parties in the United States, along with the Republican Party. The party's socially liberal and progressive platform is largely considered center-left in the U.S. political spectrum. The party has the lengthiest record of continuous...
Arizona Governor Bruce Babbitt
Bruce Babbitt
Bruce Edward Babbitt , a Democrat, served as United States Secretary of the Interior and as the 16th governor of Arizona, from 1978 to 1987.-Biography:...
. During her time in the Arizona state government, she served in all three of its branches
Separation of powers
The separation of powers, often imprecisely used interchangeably with the trias politica principle, is a model for the governance of a state. The model was first developed in ancient Greece and came into widespread use by the Roman Republic as part of the unmodified Constitution of the Roman Republic...
. As of 2011, O'Connor was the last Supreme Court justice to have held elected office.
Appointment
Potter Stewart
Potter Stewart was an Associate Justice of the United States Supreme Court. During his tenure, he made, among other areas, major contributions to criminal justice reform, civil rights, access to the courts, and Fourth Amendment jurisprudence.-Education:Stewart was born in Jackson, Michigan,...
.
Pro-life and religious groups
Religious denomination
A religious denomination is a subgroup within a religion that operates under a common name, tradition, and identity.The term describes various Christian denominations...
opposed O'Connor's nomination because they suspected she would not be willing to overturn Roe v Wade. U.S. Senate Republicans, including Don Nickles
Don Nickles
Donald Lee Nickles is an American businessman and politician who was a Republican United States Senator from Oklahoma from 1981 until 2005. He was a fiscal and social conservative.-Early life:...
of Oklahoma
Oklahoma
Oklahoma is a state located in the South Central region of the United States of America. With an estimated 3,751,351 residents as of the 2010 census and a land area of 68,667 square miles , Oklahoma is the 28th most populous and 20th-largest state...
, Steve Symms
Steve Symms
Steven Douglas Symms was a four-term congressman and two-term U.S. senator from Idaho. He was among the most conservative members of the Republican Party...
of Idaho
Idaho
Idaho is a state in the Rocky Mountain area of the United States. The state's largest city and capital is Boise. Residents are called "Idahoans". Idaho was admitted to the Union on July 3, 1890, as the 43rd state....
, and Jesse Helms
Jesse Helms
Jesse Alexander Helms, Jr. was a five-term Republican United States Senator from North Carolina who served as chairman of the Senate Foreign Relations Committee from 1995 to 2001...
of North Carolina
North Carolina
North Carolina is a state located in the southeastern United States. The state borders South Carolina and Georgia to the south, Tennessee to the west and Virginia to the north. North Carolina contains 100 counties. Its capital is Raleigh, and its largest city is Charlotte...
called the White House
White House
The White House is the official residence and principal workplace of the president of the United States. Located at 1600 Pennsylvania Avenue NW in Washington, D.C., the house was designed by Irish-born James Hoban, and built between 1792 and 1800 of white-painted Aquia sandstone in the Neoclassical...
to express their discontent over the nomination; Nickles said he and "other profamily Republican senators would not support" O'Connor. For her part, O'Connor refused to telegraph her views on abortion, and she was careful not to leave the impression that she supported abortion rights
Pro-choice
Support for the legalization of abortion is centered around the pro-choice movement, a sociopolitical movement supporting the ethical view that a woman should have the legal right to elective abortion, meaning the right to terminate her pregnancy....
. O'Connor told Reagan she did not remember whether she had voted to repeal Arizona's law banning abortion. However, she had cast a preliminary vote in the Arizona State Senate in 1970 in favor of a bill to repeal the state's criminal-abortion statute. In 1974, O'Connor had voted against a measure to prohibit abortions in some Arizona hospitals.
Reagan wrote in his diary on July 6, 1981: "Called Judge O'Connor and told her she was my nominee for supreme court. Already the flak is starting and from my own supporters. Right to Life people say she is pro abortion. She says abortion is personally repugnant to her. I think she'll make a good justice." On September 21, O'Connor was confirmed by the U.S. Senate
United States Senate
The United States Senate is the upper house of the bicameral legislature of the United States, and together with the United States House of Representatives comprises the United States Congress. The composition and powers of the Senate are established in Article One of the U.S. Constitution. Each...
with a vote of 99–0. In her first year on the Court she received over 60,000 letters from the public, more than any other justice in history.
Response to being first woman on the Supreme Court
In response to a carelessly-written editorial in The New York Times which mentioned the "nine old men" of the Court, the self-styled FWOTSC (First WOman On The Supreme Court) sent a pithy letter to the editor:In several speeches broadcast nationally on the cable network C-SPAN
C-SPAN
C-SPAN , an acronym for Cable-Satellite Public Affairs Network, is an American cable television network that offers coverage of federal government proceedings and other public affairs programming via its three television channels , one radio station and a group of websites that provide streaming...
, she mentioned feeling some relief from the media clamor when Ruth Bader Ginsburg
Ruth Bader Ginsburg
Ruth Joan Bader Ginsburg is an Associate Justice of the Supreme Court of the United States. Ginsburg was appointed by President Bill Clinton and took the oath of office on August 10, 1993. She is the second female justice and the first Jewish female justice.She is generally viewed as belonging to...
joined her as an Associate Justice of the Court in 1993. In May 2010, O'Connor warned female Supreme Court nominee Elena Kagan
Elena Kagan
Elena Kagan is an Associate Justice of the Supreme Court of the United States, serving since August 7, 2010. Kagan is the Court's 112th justice and fourth female justice....
about the "unpleasant" process of confirmation hearings.
Voting record and deciding votes
New Federalism
New Federalism is a political philosophy of devolution, or the transfer of certain powers from the United States federal government back to the states...
and approached each case as narrowly as possible, avoiding generalizations that might later "paint her into a corner" for future cases. Initially, her voting record aligned closely with the conservative Rehnquist (voting with him 87% of the time her first three years at the Court). From that time until 1998 O'Connor's alignment with Rehnquist ranged from 93.4% to 63.2%, hitting above 90% in three of those years. In nine of her first sixteen years on the Court, O'Connor voted with Rehnquist more than with any other justice.
Later on, as the Court's make-up became more conservative (i.e., Anthony Kennedy
Anthony Kennedy
Anthony McLeod Kennedy is an Associate Justice of the United States Supreme Court, having been appointed by President Ronald Reagan in 1988. Since the retirement of Sandra Day O'Connor, Kennedy has often been the swing vote on many of the Court's politically charged 5–4 decisions...
replacing Lewis Powell, and Clarence Thomas
Clarence Thomas
Clarence Thomas is an Associate Justice of the Supreme Court of the United States. Succeeding Thurgood Marshall, Thomas is the second African American to serve on the Court....
replacing Thurgood Marshall
Thurgood Marshall
Thurgood Marshall was an Associate Justice of the United States Supreme Court, serving from October 1967 until October 1991...
), O'Connor often became the swing vote
Swing vote
Swing vote is a term used to describe a vote that may go to any of a number of candidates in an election, or, in a two-party system, may go to either of the two dominant political parties...
on the Court. However, she usually disappointed the Court's more liberal bloc in contentious 5–4 decisions: from 1994 to 2004, she joined the traditional conservative bloc of Rehnquist, Antonin Scalia
Antonin Scalia
Antonin Gregory Scalia is an American jurist who serves as an Associate Justice of the Supreme Court of the United States. As the longest-serving justice on the Court, Scalia is the Senior Associate Justice...
, Anthony Kennedy
Anthony Kennedy
Anthony McLeod Kennedy is an Associate Justice of the United States Supreme Court, having been appointed by President Ronald Reagan in 1988. Since the retirement of Sandra Day O'Connor, Kennedy has often been the swing vote on many of the Court's politically charged 5–4 decisions...
, and Thomas 82 times; she joined the liberal bloc of John Paul Stevens
John Paul Stevens
John Paul Stevens served as an Associate Justice of the Supreme Court of the United States from December 19, 1975 until his retirement on June 29, 2010. At the time of his retirement, he was the oldest member of the Court and the third-longest serving justice in the Court's history...
, David Souter
David Souter
David Hackett Souter is a former Associate Justice of the Supreme Court of the United States. He served from 1990 until his retirement on June 29, 2009. Appointed by President George H. W. Bush to fill the seat vacated by William J...
, Ginsburg, and Stephen Breyer
Stephen Breyer
Stephen Gerald Breyer is an Associate Justice of the U.S. Supreme Court. Appointed by President Bill Clinton in 1994, and known for his pragmatic approach to constitutional law, Breyer is generally associated with the more liberal side of the Court....
only 28 times.
O'Connor's (relatively small) shift away from conservatives on the Court seems to have been due at least in part to Thomas's views. When Thomas and O'Connor were voting on the same side, she would typically write a separate opinion of her own, refusing to join his. In the 1992 term, O'Connor did not join a single one of Thomas' dissents.
Willamette University College of Law
Willamette University College of Law
Willamette University College of Law is a private law school located in Salem, Oregon, United States. Founded in 1842, Willamette University is the oldest university in the Western United States...
Professor Steven Green, who served for nine years as general counsel for Americans United for Separation of Church and State
Americans United for Separation of Church and State
Americans United for Separation of Church and State is a group that advocates separation of church and state, a legal doctrine interpreted by AU as being enshrined in the Establishment Clause of the First Amendment to the United States Constitution.-Mission:The guiding principle of Americans...
and has argued before the Court numerous times stated, "She was a moderating voice on the court and was very hesitant to expand the law in either direction." Green also noted that, unlike some other Court justices, O'Connor "[s]eemed to look at each case with an open mind".
Some of the cases in which O'Connor was the deciding vote include:
McConnell v. FEC, : This ruling upheld the constitutionality of most of the McCain-Feingold campaign-finance bill
Bipartisan Campaign Reform Act
The Bipartisan Campaign Reform Act of 2002 is a United States federal law that amended the Federal Election Campaign Act of 1971, which regulates the financing of political campaigns. Its chief sponsors were Senators Russell Feingold and John McCain...
regulating "soft money" contributions.
Grutter v. Bollinger
Grutter v. Bollinger
Grutter v. Bollinger, 539 U.S. 306 , was a case in which the United States Supreme Court upheld the affirmative action admissions policy of the University of Michigan Law School...
, and Gratz v. Bollinger
Gratz v. Bollinger
Gratz v. Bollinger, 539 U.S. 244 , was a United States Supreme Court case regarding the University of Michigan undergraduate affirmative action admissions policy...
, : O'Connor wrote the opinion of the court in Grutter and joined the majority in Gratz. In this pair of cases, the University of Michigan
University of Michigan
The University of Michigan is a public research university located in Ann Arbor, Michigan in the United States. It is the state's oldest university and the flagship campus of the University of Michigan...
's undergraduate admissions program was held to have engaged in unconstitutional reverse discrimination
Reverse discrimination
Reverse discrimination is a controversial term referring to discrimination against members of a dominant or majority group, including the city or state, or in favor of members of a minority or historically disadvantaged group such as African Americans being slaves. Groups may be defined in terms of...
, but the more-limited type of affirmative action
Affirmative action
Affirmative action refers to policies that take factors including "race, color, religion, gender, sexual orientation or national origin" into consideration in order to benefit an underrepresented group, usually as a means to counter the effects of a history of discrimination.-Origins:The term...
in the University of Michigan Law School
University of Michigan Law School
The University of Michigan Law School is the law school of the University of Michigan, in Ann Arbor. Founded in 1859, the school has an enrollment of about 1,200 students, most of whom are seeking Juris Doctor or Master of Laws degrees, although the school also offers a Doctor of Juridical...
's admissions program was held to have been constitutional.
Zelman v. Simmons-Harris
Zelman v. Simmons-Harris
Zelman v. Simmons-Harris, , was a case decided by the United States Supreme Court which tested the allowance of school vouchers in relation to the establishment clause of the First Amendment....
, : O'Connor joined the majority holding that the use of school vouchers for religious schools did not violate the First Amendment's Establishment Clause.
Boy Scouts of America v. Dale
Boy Scouts of America v. Dale
Boy Scouts of America et al. v. Dale, , was a case of the Supreme Court of the United States overturning the New Jersey Supreme Court's application of the New Jersey public accommodations law, which had forced the Boy Scouts of America to readmit assistant Scoutmaster James Dale...
, : O'Connor joined the majority in holding that New Jersey
New Jersey
New Jersey is a state in the Northeastern and Middle Atlantic regions of the United States. , its population was 8,791,894. It is bordered on the north and east by the state of New York, on the southeast and south by the Atlantic Ocean, on the west by Pennsylvania and on the southwest by Delaware...
violated the Boy Scouts
Boy Scouts of America
The Boy Scouts of America is one of the largest youth organizations in the United States, with over 4.5 million youth members in its age-related divisions...
' freedom of association by prohibiting it from discriminating against its troop leaders on the basis of sexual orientation.
United States v. Lopez
United States v. Lopez
United States v. Alfonso Lopez, Jr., was the first United States Supreme Court case since the New Deal to set limits to Congress's power under the Commerce Clause of the United States Constitution.-Background:...
, : O'Connor joined a majority holding unconstitutional Gun-Free School Zones Act as beyond Congress's Commerce Clause
Commerce Clause
The Commerce Clause is an enumerated power listed in the United States Constitution . The clause states that the United States Congress shall have power "To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes." Courts and commentators have tended to...
power.
Bush v. Gore
Bush v. Gore
Bush v. Gore, , is the landmark United States Supreme Court decision on December 12, 2000, that effectively resolved the 2000 presidential election in favor of George W. Bush. Only eight days earlier, the United States Supreme Court had unanimously decided the closely related case of Bush v...
, : O'Connor joined with four other justices on December 12, 2000, to rule on the Bush v. Gore case that ceased challenges to the results of the 2000 presidential election (ruling to stop the ongoing Florida election recount
Florida election recount
The Florida election recount of 2000 was a period of vote re-counting that occurred following the unclear results of the 2000 United States presidential election between George W. Bush and Al Gore, specifically the Florida results. The election was ultimately settled in favor of George W. Bush when...
and to allow no further recounts). This case effectively ended Gore's hopes to become president. Some legal scholars have argued that she should have recused herself from this case, citing several reports that she became upset when the media initially announced that Gore had won Florida, with her husband explaining that they would have to wait another four years before retiring to Arizona.
O'Connor played an important role in other notable cases, such as:
Webster v. Reproductive Health Services
Webster v. Reproductive Health Services
Webster v. Reproductive Health Services, 492 U.S. 490 , was a United States Supreme Court decision on July 3, 1989 upholding a Missouri law that imposed restrictions on the use of state funds, facilities, and employees in performing, assisting with, or counseling on abortions...
, : This decision upheld as constitutional state restrictions on second trimester abortions that are not necessary to protect maternal health, contrary to the original trimester requirements in Roe v. Wade
Roe v. Wade
Roe v. Wade, , was a controversial landmark decision by the United States Supreme Court on the issue of abortion. The Court decided that a right to privacy under the due process clause in the Fourteenth Amendment to the United States Constitution extends to a woman's decision to have an abortion,...
. Although O'Connor joined the majority, which also included Rehnquist, Scalia, Kennedy and Byron White
Byron White
Byron Raymond "Whizzer" White won fame both as a football halfback and as an associate justice of the Supreme Court of the United States. Appointed to the court by President John F. Kennedy in 1962, he served until his retirement in 1993...
, in a concurring opinion she refused to explicitly overturn Roe.
Lawrence v. Texas
Lawrence v. Texas
Lawrence v. Texas, 539 U.S. 558 , is a landmark United States Supreme Court case. In the 6-3 ruling, the Court struck down the sodomy law in Texas and, by proxy, invalidated sodomy laws in the thirteen other states where they remained in existence, thereby making same-sex sexual activity legal in...
, : O'Connor wrote a concurring opinion contending that state laws that prohibited homosexual sodomy
Sodomy
Sodomy is an anal or other copulation-like act, especially between male persons or between a man and animal, and one who practices sodomy is a "sodomite"...
, but not heterosexual sodomy, violated the Equal Protection Clause
Equal Protection Clause
The Equal Protection Clause, part of the Fourteenth Amendment to the United States Constitution, provides that "no state shall ... deny to any person within its jurisdiction the equal protection of the laws"...
of the Fourteenth Amendment to the U.S. Constitution
Fourteenth Amendment to the United States Constitution
The Fourteenth Amendment to the United States Constitution was adopted on July 9, 1868, as one of the Reconstruction Amendments.Its Citizenship Clause provides a broad definition of citizenship that overruled the Dred Scott v...
. Although she agreed with the majority in holding such laws unconstitutional, she did not join in the opinion that they violated the substantive due process afforded by the Due Process Clause. Under a ruling under the Equal Protection Clause
Equal Protection Clause
The Equal Protection Clause, part of the Fourteenth Amendment to the United States Constitution, provides that "no state shall ... deny to any person within its jurisdiction the equal protection of the laws"...
, states could still prohibit sodomy
Sodomy
Sodomy is an anal or other copulation-like act, especially between male persons or between a man and animal, and one who practices sodomy is a "sodomite"...
, provided they prohibited both homosexual sodomy and heterosexual sodomy. On February 22, 2005, with Rehnquist and Stevens (who was senior to her) absent, she presided over oral arguments in the case of Kelo v. City of New London
Kelo v. City of New London
Kelo v. City of New London, 545 U.S. 469 was a case decided by the Supreme Court of the United States involving the use of eminent domain to transfer land from one private owner to another to further economic development...
, becoming the first woman to preside over an oral argument before the Court.
Fourth Amendment
According to George Washington University law professor Jeffrey RosenJeffrey Rosen
Jeffrey Rosen is an American academic and commentator on legal affairs. Legal historian David Garrow has called him "the nation's most widely read and influential legal commentator."-Biography:...
, "O'Connor was an eloquent opponent of intrusive group searches that threatened privacy without increasing security. In a 1983 opinion
United States v. Place
United States v. Place, was a decision by the Supreme Court of the United States, which held that a sniff by a police dog specially trained to detect the presence of narcotics is not a "search" under the meaning of the Fourth Amendment to the United States Constitution...
upholding searches by drug-sniffing dogs, she recognized that a search is most likely to be considered constitutionally reasonable
Fourth Amendment to the United States Constitution
The Fourth Amendment to the United States Constitution is the part of the Bill of Rights which guards against unreasonable searches and seizures, along with requiring any warrant to be judicially sanctioned and supported by probable cause...
if it is very effective at discovering contraband without revealing innocent but embarrassing information." Howard University
Howard University School of Law
Howard University School of Law is one of the professional graduate schools of Howard University. Located in Washington, D.C., it is one the oldest law schools in the country and the oldest historically black college or university law school in the United States...
law professor Andrew Taslitz, referencing O'Connor's dissent in a 2001 case
Atwater v. City of Lago Vista
Atwater v. Lago Vista, , was a United States Supreme Court decision which held that a person's Fourth Amendment rights are not violated when the subject is arrested for driving without a seatbelt...
, said of her Fourth Amendment
Fourth Amendment to the United States Constitution
The Fourth Amendment to the United States Constitution is the part of the Bill of Rights which guards against unreasonable searches and seizures, along with requiring any warrant to be judicially sanctioned and supported by probable cause...
jurisprudence: "O'Connor recognizes that needless humiliation of an individual is an important factor in determining Fourth Amendment
Fourth Amendment to the United States Constitution
The Fourth Amendment to the United States Constitution is the part of the Bill of Rights which guards against unreasonable searches and seizures, along with requiring any warrant to be judicially sanctioned and supported by probable cause...
reasonableness."
Cases involving minorities
From her start on the Court until 1998, O'Connor voted against the minority litigant in all but two of the forty-one close cases involving race.In the 1990 and 1995 Missouri v. Jenkins
Missouri v. Jenkins
Missouri v. Jenkins, 515 U.S. 70 , is a case decided by the United States Supreme Court. On June 12, 1995 the Court, in a 5-4 decision, overturned a District Court ruling that required the state of Missouri to correct de facto racial inequality in schools by funding salary increases and remedial...
rulings, O'Connor voted with the majority that district courts had no authority to require the state of Missouri
Missouri
Missouri is a US state located in the Midwestern United States, bordered by Iowa, Illinois, Kentucky, Tennessee, Arkansas, Oklahoma, Kansas and Nebraska. With a 2010 population of 5,988,927, Missouri is the 18th most populous state in the nation and the fifth most populous in the Midwest. It...
to increase school funding in order to counteract racial inequality. In the 1991 Freeman v. Pitts case, O'Connor joined a concurring opinion in a plurality, agreeing that a school district that had formerly been under judicial review for racial segregation
Racial segregation
Racial segregation is the separation of humans into racial groups in daily life. It may apply to activities such as eating in a restaurant, drinking from a water fountain, using a public toilet, attending school, going to the movies, or in the rental or purchase of a home...
could be freed of this review, even though not all desegregation targets had been met. Law professor Herman Schwartz criticized these rulings, writing that in both cases "both the fact and effects of segregation were still present."
In 1987's McCleskey v. Kemp
McCleskey v. Kemp
McCleskey v. Kemp, 481 U.S. 279 , was a United States Supreme Court court case, in which the death penalty sentencing of McCleskey for armed robbery and murder was upheld...
, O'Connor joined a 5–4 majority that voted to uphold the death penalty for an African American man, Warren McCleskey, convicted of killing a white police officer, despite statistical evidence that black defendants were more likely to receive the death penalty than others both in Georgia
Georgia (U.S. state)
Georgia is a state located in the southeastern United States. It was established in 1732, the last of the original Thirteen Colonies. The state is named after King George II of Great Britain. Georgia was the fourth state to ratify the United States Constitution, on January 2, 1788...
and in the U.S. as a whole.
In 1996's Shaw v. Hunt and Shaw v. Reno
Shaw v. Reno
Shaw v. Reno, 509 U.S. 630 , was a United States Supreme Court case argued on April 20, 1993. The ruling was significant in the area of redistricting and racial gerrymandering. The court ruled in a 5-4 decision that redistricting based on race must be held to a standard of strict scrutiny under the...
, O'Connor joined a Rehnquist opinion, following an earlier path-breaking decision she authored in 1993, in which the court struck down an electoral districting plan designed to facilitate the election of two black representatives out of twelve from North Carolina, a state that had not had any black representative since Reconstruction, despite being approximately 20% black-- the Court held that the districts were unacceptably gerrymandered and O'Connor called the odd shape of the district in question, North Carolina's 12th, "bizarre".
Law Professor Herman Schwartz called O'Connor "the Court’s leader in its assault on racially oriented affirmative action
Affirmative action
Affirmative action refers to policies that take factors including "race, color, religion, gender, sexual orientation or national origin" into consideration in order to benefit an underrepresented group, usually as a means to counter the effects of a history of discrimination.-Origins:The term...
," although she joined with the Court in upholding the constitutionality of race-based admissions to universities.
In late 2008, O'Connor said she believed affirmative action should continue.
Abortion
In her confirmation hearings and early days on the court, O'Connor was carefully ambiguous on the issue of abortion, as some conservatives questioned her pro-life credentials on the basis of some of her votes in the Arizona legislature. O'Connor generally dissented from 1980s opinions which took an expansive view of Roe v. WadeRoe v. Wade
Roe v. Wade, , was a controversial landmark decision by the United States Supreme Court on the issue of abortion. The Court decided that a right to privacy under the due process clause in the Fourteenth Amendment to the United States Constitution extends to a woman's decision to have an abortion,...
; she criticized that decision's "trimester approach" sharply in her dissent in 1983's City of Akron v. Akron Center for Reproductive Health. She criticized Roe in Thornburgh v. American College of Obstetricians and Gynecologists
Thornburgh v. American College of Obstetricians and Gynecologists
Thornburgh v. American College of Obstetricians and Gynecologists, was a United States Supreme Court case involving a challenge to Pennsylvania's Abortion Control Act of 1982....
: "... I dispute not only the wisdom but also the legitimacy of the Court's attempt to discredit and pre-empt state abortion regulation regardless of the interests it serves and the impact it has." In 1989, O'Connor stated during the deliberations over the Webster case that she would not overrule Roe. While on the Court, O'Connor did not vote to strike down any restrictions on abortion until Hodgson v. Minnesota
Hodgson v. Minnesota
Hodgson v. Minnesota, 497 U.S. 417 , was a United States Supreme Court abortion rights case that dealt with whether a state law may require notification of both parents before a minor can obtain an abortion. The law in question provided a judicial alternative.-Issue:The case concerned a Minnesota law...
in 1990.
O'Connor allowed certain limits to be placed on access to abortion, but supported the fundamental right to abortion protected by the Due Process Clause of the Fourteenth Amendment. In Planned Parenthood v. Casey
Planned Parenthood v. Casey
Planned Parenthood of Southeastern Pennsylvania v. Casey, 505 U.S. 833 was a case decided by the Supreme Court of the United States in which the constitutionality of several Pennsylvania state regulations regarding abortion were challenged...
, O'Connor used a test she had originally developed in City of Akron v. Akron Center for Reproductive Health
City of Akron v. Akron Center for Reproductive Health
City of Akron v. Akron Center for Reproductive Health, 462 U.S. 416 , was a case in which the United States Supreme Court affirmed its abortion rights jurisprudence...
to limit the holding of Roe v. Wade
Roe v. Wade
Roe v. Wade, , was a controversial landmark decision by the United States Supreme Court on the issue of abortion. The Court decided that a right to privacy under the due process clause in the Fourteenth Amendment to the United States Constitution extends to a woman's decision to have an abortion,...
, opening up a legislative portal where a State could enact measures so long as they did not place an "undue burden" on a woman's right to an abortion. Casey revised downward the standard of scrutiny federal courts would apply to state abortion restrictions, a major departure from Roe. However it preserved Roe's core constitutional precept: that the Fourteenth Amendment protects the fundamental right to control one's reproductive destiny. Writing the plurality opinion for the Court, O'Connor, along with Justices Kennedy and Souter, famously declared: “At the heart of liberty is the right to define one’s own concept of existence, of meaning, of the universe, and of the mystery of human life. Beliefs about these matters could not define the attributes of personhood were they formed under compulsion of the State.” Planned Parenthood of Southeastern Pennsylvania v. Casey, 505 U.S. 833, 851 (1992).
Foreign law
O'Connor was a vigorous defender of the citing of foreign laws in judicial decisions. In a well-publicized October 28, 2003, speech at the Southern Center for International StudiesSouthern Center for International Studies
The Southern Center for International Studies , founded in 1962, is a non-profit, private organization dedicated to international study. Located in Atlanta, GA, it hosts several annual events, such as the Retired Secretaries of Defense Conference, and regularly hosts events for visiting dignitaries...
, O'Connor said:
The impressions we create in this world are important and can leave their mark ... [T]here is talk today about the "internationalization of legal relations". We are already seeing this in American courts, and should see it increasingly in the future. This does not mean, of course, that our courts can or should abandon their character as domestic institutions. But conclusions reached by other countries and by the international community, although not formally binding upon our decisions, should at times constitute persuasive authority in American courts—what is sometimes called "transjudicialism".
In the speech she noted the 2003 Court case, Atkins v. Virginia
Atkins v. Virginia
Atkins v. Virginia, , is a case in which the Supreme Court of the United States ruled 6-3 that executing the mentally retarded violates the Eighth Amendment's ban on cruel and unusual punishments.-The case:...
, in which the majority decision (which included her) cited disapproval of the death penalty in Europe as part of its argument. This speech, and the general concept of relying on foreign law and opinion, was widely criticized by conservatives. In May 2004, the U.S. House of Representatives
United States House of Representatives
The United States House of Representatives is one of the two Houses of the United States Congress, the bicameral legislature which also includes the Senate.The composition and powers of the House are established in Article One of the Constitution...
responded by passing a non-binding resolution, the "Reaffirmation of American Independence Resolution", stating that "U.S. judicial decisions should not be based on any foreign laws, court decisions, or pronouncements of foreign governments unless they are relevant to determining the meaning of American constitutional and statutory law."
O'Connor once quoted the constitution of the Middle Eastern nation of Bahrain
Bahrain
' , officially the Kingdom of Bahrain , is a small island state near the western shores of the Persian Gulf. It is ruled by the Al Khalifa royal family. The population in 2010 stood at 1,214,705, including 235,108 non-nationals. Formerly an emirate, Bahrain was declared a kingdom in 2002.Bahrain is...
, which states that "[n]o authority shall prevail over the judgement of a judge, and under no circumstances may the course of justice be interfered with." Further, "[i]t is in everyone's interest to foster the rule-of-law evolution." O'Connor proposed that such ideas be taught in American law schools, high schools and universities. Critics contend that such thinking is contrary to the U.S. Constitution
United States Constitution
The Constitution of the United States is the supreme law of the United States of America. It is the framework for the organization of the United States government and for the relationship of the federal government with the states, citizens, and all people within the United States.The first three...
and establishes a rule of man, rather than law. In her retirement, she has continued to speak and organize conferences on the issue of judicial independence.
Conservative criticism
O'Connor's case-by-case approach routinely placed her in the center of the court and drew both criticism and praise. The Washington PostThe Washington Post
The Washington Post is Washington, D.C.'s largest newspaper and its oldest still-existing paper, founded in 1877. Located in the capital of the United States, The Post has a particular emphasis on national politics. D.C., Maryland, and Virginia editions are printed for daily circulation...
columnist Charles Krauthammer
Charles Krauthammer
Charles Krauthammer, MD is an American Pulitzer Prize–winning syndicated columnist, political commentator, and physician. His weekly column appears in The Washington Post and is syndicated to more than 275 newspapers and media outlets. He is a contributing editor to the Weekly Standard and The New...
, for instance, described her as lacking a judicial philosophy and instead displaying "political positioning embedded in a social agenda". Another conservative commentator, Ramesh Ponnuru
Ramesh Ponnuru
Ramesh Ponnuru is a Washington, D.C.-based Indian American columnist and a senior editor for National Review magazine. He is also a contributor to TIME magazine and WashingtonPost.com...
, wrote that, although O'Connor "has voted reasonably well", her tendency to issue very case-specific rulings "undermines the predictability of the law and aggrandizes the judicial role".
Christian heritage
In 1989, a letter O'Connor wrote regarding three Court rulings on Christian heritage was used by a group of conservative Arizona Republicans in their claim that America was a "Christian nation". O'Connor, an Episcopalian, said, "[i]t was not my intention to express a personal view on the subject of the inquiry."'Retirement
O'Connor was successfully treated for breast cancer in 1988 (she also had her appendixVermiform appendix
The appendix is a blind-ended tube connected to the cecum , from which it develops embryologically. The cecum is a pouchlike structure of the colon...
removed that year). One side effect of this experience was that there was perennial speculation over the next seventeen years that she might retire from the Court.
On December 12, 2000, The Wall Street Journal
The Wall Street Journal
The Wall Street Journal is an American English-language international daily newspaper. It is published in New York City by Dow Jones & Company, a division of News Corporation, along with the Asian and European editions of the Journal....
reported that O'Connor was reluctant to retire with a Democrat in the presidency:
On July 19, Bush nominated D.C. Circuit
United States Court of Appeals for the District of Columbia Circuit
The United States Court of Appeals for the District of Columbia Circuit known informally as the D.C. Circuit, is the federal appellate court for the U.S. District Court for the District of Columbia. Appeals from the D.C. Circuit, as with all the U.S. Courts of Appeals, are heard on a...
Judge John G. Roberts, Jr. to succeed O'Connor, answering months of speculation as to Bush Supreme Court candidates
Bush Supreme Court candidates
Speculation abounded over potential nominations to the Supreme Court of the United States by President George W. Bush since before his presidency....
. O'Connor heard the news over the car radio on the way back from a fishing trip. She felt he was an excellent and highly qualified choice— he had argued numerous cases before the Court during her tenure—but was somewhat disappointed her replacement was not a woman.
On July 21, O'Connor spoke to a 9th U.S. Circuit
United States Court of Appeals for the Ninth Circuit
The United States Court of Appeals for the Ninth Circuit is a U.S. federal court with appellate jurisdiction over the district courts in the following districts:* District of Alaska* District of Arizona...
conference and blamed the televising of Senate Judiciary Committee hearings for escalated conflicts over judges. She expressed sadness over attacks on the independent judiciary
Judiciary
The judiciary is the system of courts that interprets and applies the law in the name of the state. The judiciary also provides a mechanism for the resolution of disputes...
, and praised President Reagan for opening doors for women. O'Connor had been expected to leave the Court before the next term started on October 3, 2005. However, Rehnquist died on September 3 (she spoke at his funeral). Two days later, Bush withdrew Roberts as his nominee for her seat and instead appointed him to fill the vacant office of Chief Justice. O'Connor agreed to stay on the Court until her replacement was confirmed. On October 3, Bush nominated White House Counsel
White House Counsel
The White House Counsel is a staff appointee of the President of the United States.-Role:The Counsel's role is to advise the President on all legal issues concerning the President and the White House...
Harriet Miers
Harriet Miers
Harriet Ellan Miers is an American lawyer and former White House Counsel. In 2005, she was nominated by President George W. Bush to be an Associate Justice of the U.S...
to replace O'Connor. On October 27, Miers asked Bush to withdraw her nomination; Bush accepted her request later the same day. On October 31, Bush nominated Third Circuit
United States Court of Appeals for the Third Circuit
The United States Court of Appeals for the Third Circuit is a federal court with appellate jurisdiction over the district courts for the following districts:* District of Delaware* District of New Jersey...
Judge Samuel Alito
Samuel Alito
Samuel Anthony Alito, Jr. is an Associate Justice of the U.S. Supreme Court. He was nominated by President George W. Bush and has served on the court since January 31, 2006....
to replace O'Connor; Alito was confirmed and sworn in on January 31, 2006.
O'Connor's last Court opinion, Ayotte v. Planned Parenthood of New England
Ayotte v. Planned Parenthood of New England
Ayotte v. Planned Parenthood of Northern New England, 546 U.S. 320 , was a decision by the Supreme Court of the United States involving a facial challenge to New Hampshire's parental notification abortion law. The First Circuit had ruled that the law was unconstitutional and an injunction against...
, written for a unanimous court, was a procedural decision that involved abortion.
She stated that she plans to travel, spend time with family, and, because of her fear of the attacks on judges by legislators, will work with the American Bar Association
American Bar Association
The American Bar Association , founded August 21, 1878, is a voluntary bar association of lawyers and law students, which is not specific to any jurisdiction in the United States. The ABA's most important stated activities are the setting of academic standards for law schools, and the formulation...
on a commission to help explain the separation of powers and the role of judges. She has also announced that she is working on a new book, which will focus on the early history of the Court. She is currently a trustee on the board of the Rockefeller Foundation
Rockefeller Foundation
The Rockefeller Foundation is a prominent philanthropic organization and private foundation based at 420 Fifth Avenue, New York City. The preeminent institution established by the six-generation Rockefeller family, it was founded by John D. Rockefeller , along with his son John D. Rockefeller, Jr...
. She would have preferred to stay on the Court for several more years until she was ill and "really in bad shape" but stepped down to spend more time with her husband, who had been diagnosed with Alzheimer's disease previous to his death in 2009. O'Connor said it was her plan to follow the tradition of previous justices, who enjoy lifetime appointments. "Most of them get ill and are really in bad shape, which I would've done at the end of the day myself, I suppose, except my husband was ill and I needed to take action there."'
As of August 2009, she continues to hear cases and has rendered over a dozen opinions in federal appellate courts across the country, filling in as a substitute judge when vacations or vacancies leave their three-member panels understaffed.
Post-Supreme Court career
Commentary
On March 9, 2006, during a speech at Georgetown UniversityGeorgetown University
Georgetown University is a private, Jesuit, research university whose main campus is in the Georgetown neighborhood of Washington, D.C. Founded in 1789, it is the oldest Catholic university in the United States...
, O'Connor said some political attacks on the independence of the courts pose a direct threat to the constitutional freedoms of Americans. She said any reform of the system is debatable as long as it is not motivated by "nakedly partisan reasoning" retaliation because congressmen or senators dislike the result of the cases. Courts interpret the law as it was written, not as the congressmen might have wished it was written, and "it takes a lot of degeneration before a country falls into dictatorship, but we should avoid these ends by avoiding these beginnings." On September 19, 2006, she echoed her concerns for an independent judiciary during the dedication
Dedication
Dedication is the act of consecrating an altar, temple, church or other sacred building. It also refers to the inscription of books or other artifacts when these are specifically addressed or presented to a particular person. This practice, which once was used to gain the patronage and support of...
address at the Elon University School of Law
Elon University School of Law
The Elon University School of Law is an American law school located in Greensboro, North Carolina, occupying the former downtown public library building. The school spent $10 million renovating the . facility. The School of Law is one of four graduate programs offered by Elon University...
.
On September 28, 2006, O'Connor co-hosted and spoke at a conference at Georgetown University Law Center
Georgetown University Law Center
Georgetown University Law Center is the law school of Georgetown University, located in Washington, D.C.. Established in 1870, the Law Center offers J.D., LL.M., and S.J.D. degrees in law...
, Fair and Independent Courts: A Conference on the State of the Judiciary.
Judge William H. Pryor, Jr.
William H. Pryor, Jr.
William Holcombe "Bill" Pryor, Jr. is a federal judge on the United States Court of Appeals for the Eleventh Circuit. Previously, he was the Attorney General of the State of Alabama from 1997 to 2004.-Background:...
, a conservative jurist, has criticized O'Connor's speeches and op-eds for hyperbole and factual inaccuracy, based in part on O'Connor's opinions as to whether judges face a rougher time in the public eye today than in the past.
On November 7, 2007, at a conference on her landmark opinion in Strickland v. Washington
Strickland v. Washington
In Strickland v. Washington, , the United States Supreme Court established a two-part test for establishing a claim of ineffective assistance of counsel...
(1984) sponsored by the Constitution Project
Constitution Project
The Constitution Project is an non-profit think tank in the United States that builds bipartisan consensus on significant constitutional and legal questions. Founded and led by Virginia Sloan, the Constitution Project’s work is divided between two programs: the Rule of Law Program and the Criminal...
, O'Connor urged the creation of a system for "merit selection for judges". She also highlighted the lack of proper legal representation for many of the poorest defendants.
On August 7, 2008, O'Connor and Abdurrahman Wahid
Abdurrahman Wahid
Abdurrahman Wahid, born Abdurrahman Addakhil , colloquially known as , was an Indonesian Muslim religious and political leader who served as the President of Indonesia from 1999 to 2001...
, the former President of Indonesia
President of Indonesia
The President of the Republic of Indonesia is the head of state and the head of government of the Republic of Indonesia.The first president was Sukarno and the current president is Susilo Bambang Yudhoyono.- Sukarno era :...
, wrote an editorial in the Financial Times
Financial Times
The Financial Times is an international business newspaper. It is a morning daily newspaper published in London and printed in 24 cities around the world. Its primary rival is the Wall Street Journal, published in New York City....
stating their concerns about the threatened imprisonment of Malaysian opposition leader Anwar Ibrahim
Anwar Ibrahim
Anwar bin Ibrahim is a Malaysian politician who served as Malaysian Deputy Prime Minister from 1993 to 1998. Early in his career, Anwar was a close ally of Prime Minister Mahathir bin Mohamad but subsequently emerged as the most prominent critic of Mahathir's government.In 1999, he was sentenced...
.
On November 19, 2008, O'Connor published an introductory essay to a themed issue on judicial accountability in the Denver University Law Review. She calls for a better public understanding of judicial accountability.
On January 26, 2010 O'Connor issued her own polite public dissent to the Citizens United v. Federal Election Commission
Citizens United v. Federal Election Commission
Citizens United v. Federal Election Commission, , was a landmark decision by the United States Supreme Court holding that the First Amendment prohibits government from censoring political broadcasts in candidate elections when those broadcasts are funded by corporations or unions...
decision on corporate political spending, telling law students that the court has created an unwelcome new path for wealthy interests to exert influence on judicial elections.
Activities and memberships
As a Retired Supreme Court Justice (roughly equivalent to senior statusSenior status
Senior status is a form of semi-retirement for United States federal judges, and judges in some state court systems. After federal judges have reached a certain combination of age and years of service on the federal courts, they are allowed to assume senior status...
for judges of lower federal courts), O'Connor has continued to receive a full salary, maintain a staffed office with at least one law clerk
Law clerk
A law clerk or a judicial clerk is a person who provides assistance to a judge in researching issues before the court and in writing opinions. Law clerks are not court clerks or courtroom deputies, who are administrative staff for the court. Most law clerks are recent law school graduates who...
, and to hear cases on a part-time basis in federal district courts
United States district court
The United States district courts are the general trial courts of the United States federal court system. Both civil and criminal cases are filed in the district court, which is a court of law, equity, and admiralty. There is a United States bankruptcy court associated with each United States...
and courts of appeals
United States court of appeals
The United States courts of appeals are the intermediate appellate courts of the United States federal court system...
as a visiting judge
Visiting judge
A visiting judge is a judge appointed to hear a case as a member of a court to which he or she does not ordinarily belong . In many United States Courts of Appeals it is not uncommon for a district judge to sit on a panel as a visiting judge; less frequently a judge from another circuit...
. However, conservative commentator Ed Whelan has questioned whether O'Connor is constitutionally entitled to act as a federal judge following her resignation: "In short, O’Connor resigned and became a former justice; she did not just take 'senior status.' Therefore, she was no longer a federal judge at all and has not been constitutionally eligible to serve as a judge."
In 2003, she wrote a book titled The Majesty of the Law: Reflections of a Supreme Court Justice (ISBN 0-375-50925-9).
On October 4, 2005, President Gene Nichol of the College of William & Mary announced that O'Connor had accepted the largely ceremonial role of becoming the 23rd Chancellor of the College, replacing Henry Kissinger
Henry Kissinger
Heinz Alfred "Henry" Kissinger is a German-born American academic, political scientist, diplomat, and businessman. He is a recipient of the Nobel Peace Prize. He served as National Security Advisor and later concurrently as Secretary of State in the administrations of Presidents Richard Nixon and...
, and following in the position held by Margaret Thatcher
Margaret Thatcher
Margaret Hilda Thatcher, Baroness Thatcher, was Prime Minister of the United Kingdom from 1979 to 1990...
, Chief Justice Warren Burger, and President George Washington
George Washington
George Washington was the dominant military and political leader of the new United States of America from 1775 to 1799. He led the American victory over Great Britain in the American Revolutionary War as commander-in-chief of the Continental Army from 1775 to 1783, and presided over the writing of...
. The Investiture Ceremony was held April 7, 2006. O'Connor continues to make semi-regular visits to the college.
In 2005, she wrote a children's book, Chico (ISBN 0-525-47452-8), which gives an autobiographical description of her childhood.
O'Connor was a member of the 2006 Iraq Study Group
Iraq Study Group
The Iraq Study group , was a ten-person bipartisan panel appointed on March 15, 2006, by the United States Congress, that was charged with assessing the situation in Iraq and the US-led Iraq War and making policy recommendations...
, appointed by the U.S. Congress.
On May 15, 2006, O'Connor gave the commencement address at the William & Mary School of Law, where she said that judicial independence is "under serious attack at both the state and national level".
As of Spring 2006, O'Connor teaches a two-week course called "The Supreme Court" at the University of Arizona
University of Arizona
The University of Arizona is a land-grant and space-grant public institution of higher education and research located in Tucson, Arizona, United States. The University of Arizona was the first university in the state of Arizona, founded in 1885...
's James E. Rogers College of Law
James E. Rogers College of Law
James E. Rogers College of Law is the law school at the University of Arizona located in Tucson, Arizona and was the first law school founded in the State of Arizona, opening its doors in 1915. Formerly known as University of Arizona College of Law, it was renamed in 1999 in honor of noted...
every spring semester.
In October 2006, O'Connor sat as a member of panels of the United States Courts of Appeals
United States courts of appeals
The United States courts of appeals are the intermediate appellate courts of the United States federal court system...
for the Second
United States Court of Appeals for the Second Circuit
The United States Court of Appeals for the Second Circuit is one of the thirteen United States Courts of Appeals...
, Eighth
United States Court of Appeals for the Eighth Circuit
The United States Court of Appeals for the Eighth Circuit is a federal court with appellate jurisdiction over the district courts in the following districts:* Eastern District of Arkansas* Western District of Arkansas...
, and Ninth
United States Court of Appeals for the Ninth Circuit
The United States Court of Appeals for the Ninth Circuit is a U.S. federal court with appellate jurisdiction over the district courts in the following districts:* District of Alaska* District of Arizona...
Circuits, to hear arguments in one-day's cases in each court.
O'Connor chaired the Jamestown 2007
Jamestown 2007
Jamestown 2007 is the name of the organization planning the events commemorating the 400th anniversary of the founding of Jamestown, Virginia in 1607, the first permanent English-speaking settlement in what is now the United States of America...
celebration, commemorating the 400th anniversary of the founding of the colony at Jamestown, Virginia
Jamestown, Virginia
Jamestown was a settlement in the Colony of Virginia. Established by the Virginia Company of London as "James Fort" on May 14, 1607 , it was the first permanent English settlement in what is now the United States, following several earlier failed attempts, including the Lost Colony of Roanoke...
in 1607. Her appearances in Jamestown dovetailed with her appearances and speeches as chancellor at The College of William & Mary nearby.
In the fall of 2007, O'Connor and W. Scott Bales taught a course at the Sandra Day O'Connor College of Law at Arizona State University
Arizona State University
Arizona State University is a public research university located in the Phoenix Metropolitan Area of the State of Arizona...
.
In 2008, O'Connor was named an inaugural Harry Rathbun Visiting Fellow by the Office for Religious Life at Stanford University
Stanford University
The Leland Stanford Junior University, commonly referred to as Stanford University or Stanford, is a private research university on an campus located near Palo Alto, California. It is situated in the northwestern Santa Clara Valley on the San Francisco Peninsula, approximately northwest of San...
. On April 22, 2008, she gave "Harry's Last Lecture On A Meaningful Life" in honor of the former Stanford Law professor who shaped her undergraduate and law careers.
In February 2009, O'Connor launched Our Courts, a website she created to offer interactive civics
Civics
Civics is the study of rights and duties of citizenship. In other words, it is the study of government with attention to the role of citizens ― as opposed to external factors ― in the operation and oversight of government....
lessons to students and teachers because she was concerned about the lack of knowledge among most young Americans about how their government works. On March 3, 2009, O'Connor appeared on the satirical
News satire
thumb|right|220px|[[The Daily Show with Jon Stewart]] is a news satire program.News satire, also called fake news , is a type of parody presented in a format typical of mainstream journalism, and called a satire because of its content...
television program The Daily Show
The Daily Show
The Daily Show , is an American late night satirical television program airing each Monday through Thursday on Comedy Central. The half-hour long show premiered on July 21, 1996, and was hosted by Craig Kilborn until December 1998...
with Jon Stewart
Jon Stewart
Jon Stewart is an American political satirist, writer, television host, actor, media critic and stand-up comedian...
to promote the website. In August 2009, http://ourcourts.org/ added two online interactive games. The initiative expanded, becoming iCivics
ICivics
iCivics, inc. is a 501 non-profit organization that promotes civics education and encourages students to become active citizens. iCivics was founded by retired Supreme Court of the United States Justice Sandra Day O'Connor...
in May 2010, and continues to offer free lessons plans, games, and interactive videogames for middle and high school educators.. During the inauguration of Mesa Municipal Court on April 16, 2010, she gracefully received a blessed garland - along with a copy of Bhagvad-gita As It Is from Dr Prayag Narayan Misra- a Hare Krishna devotee
She currently serves on the Board of Trustees of the National Constitution Center
National Constitution Center
The National Constitution Center is an organization that seeks to expand awareness and understanding of the United States Constitution and operates a museum to advance those purposes....
in Philadelphia, which is a museum dedicated to the U.S. Constitution.
Legacy, awards
- The federal courthouse in Phoenix, dedicated in 2000, is named in her honor.
- In 1985, She received the Elizabeth Blackwell Award, an award presented periodically to a woman who has demonstrated "outstanding service to humankind", from Hobart and William Smith CollegesHobart and William Smith CollegesHobart and William Smith Colleges, located in Geneva, New York, are together a liberal arts college offering Bachelor of Arts, Bachelor of Science and Master of Arts in Teaching degrees. In athletics, however, the two schools compete with separate teams, known as the Hobart Statesmen and the...
. - In 1998, O'Connor was awarded the Mary HarrimanMary Harriman RumseyMary Harriman Rumsey was the founder of The Junior League for the Promotion of Settlement Movements, later known as the Junior League of the City of New York of the Association of Junior Leagues International Inc. Mary was the daughter of railroad magnate, E.H. Harriman and sister to W...
Community Leadership award by The Association of Junior Leagues International, Inc.Junior LeagueThe Association of Junior Leagues International, Inc. is a non-profit organization of 292 Junior Leagues in Canada, Mexico, United Kingdom and the United States. Junior Leagues are educational and charitable women's organizations aimed at improving their communities through volunteerism and...
for her work supporting bilingual education, repealing "women's work" laws that prohibited the number of hours women could work and reforming Arizona's marital laws to make marriage more equitable for women. O'Connor is a member of the Junior League of PhoenixJunior LeagueThe Association of Junior Leagues International, Inc. is a non-profit organization of 292 Junior Leagues in Canada, Mexico, United Kingdom and the United States. Junior Leagues are educational and charitable women's organizations aimed at improving their communities through volunteerism and...
and served as the League's President from 1966 to 1967. - In 2002, O'Connor was inducted into the National Cowgirl Hall of FameNational Cowgirl Museum and Hall of FameThe National Cowgirl Museum and Hall of Fame is a museum and association which honors women of the American West who have displayed courage or spirit and who have distinguished themselves while exemplifying the pioneer spirit...
in Fort Worth. - On July 4, 2003, the National Constitution CenterNational Constitution CenterThe National Constitution Center is an organization that seeks to expand awareness and understanding of the United States Constitution and operates a museum to advance those purposes....
in Philadelphia awarded O'Connor the Liberty Medal. In her acceptance speech she stated, "one of our greatest judges, Learned HandLearned HandBillings Learned Hand was a United States judge and judicial philosopher. He served on the United States District Court for the Southern District of New York and later the United States Court of Appeals for the Second Circuit...
, explained:'Liberty lies in the hearts of men and women. When it dies there, no constitution, no law, no court can save it.' But our understanding today must go beyond the recognition that ‘liberty lies in (our) hearts’ to the further recognition that only citizens with knowledge about the content and meaning of our constitutional guarantees of liberty are likely to cherish those concepts."
- On September 8, 2004, Redwood City, CaliforniaRedwood City, CaliforniaRedwood City is a California charter city located on the San Francisco Peninsula in Northern California, approximately 27 miles south of San Francisco, and 24 miles north of San Jose. Redwood City's history spans from its earliest inhabitation by the Ohlone people, to its tradition as a port for...
dedicated the courtroom of its renovated historical courthouse (now a museum) to O'Connor. - For her commitment to the ideals of "Duty, Honor, Country", she was awarded the Sylvanus Thayer AwardSylvanus Thayer AwardThe Sylvanus Thayer Award is an award that is given each year by the United States Military Academy at West Point. Sylvanus Thayer was the fifth superintendent of that academy and in honor of his achievements, the award was created...
by the United States Military AcademyUnited States Military AcademyThe United States Military Academy at West Point is a four-year coeducational federal service academy located at West Point, New York. The academy sits on scenic high ground overlooking the Hudson River, north of New York City...
in 2005, becoming only the third woman to receive the award. - On January 2, 2006, she served as Grand MarshalGrand MarshalGrand Marshal is a ceremonial, military, or political office of very high rank. The term has its origins with the word "Marshal" with the first usage of the term "Grand Marshal" as a ceremonial title for certain religious orders...
at the 117th annual Tournament of Roses ParadeTournament of Roses ParadeThe Tournament of Roses Parade, better known as the Rose Parade, is "America's New Year Celebration", a festival of flower-covered floats, marching bands, equestrians and a college football game on New Year's Day , produced by the non-profit Pasadena Tournament of Roses Association.The annual...
in Pasadena, CaliforniaPasadena, CaliforniaPasadena is a city in Los Angeles County, California, United States. Although famous for hosting the annual Rose Bowl football game and Tournament of Roses Parade, Pasadena is the home to many scientific and cultural institutions, including the California Institute of Technology , the Jet...
. She started the 92nd annual Rose Bowl GameRose Bowl GameThe Rose Bowl is an annual American college football bowl game, usually played on January 1 at the Rose Bowl in Pasadena, California. When New Year's Day falls on a Sunday, the game is played on Monday, January 2...
with a coin toss on January 4. Coincidentally, the parade was conducted in heavy rain for the first time since 1955, when the Grand Marshal had been then-Chief Justice Earl WarrenEarl WarrenEarl Warren was the 14th Chief Justice of the United States.He is known for the sweeping decisions of the Warren Court, which ended school segregation and transformed many areas of American law, especially regarding the rights of the accused, ending public-school-sponsored prayer, and requiring...
. - On April 5, 2006, Arizona State UniversityArizona State UniversityArizona State University is a public research university located in the Phoenix Metropolitan Area of the State of Arizona...
renamed its law school the Sandra Day O'Connor College of LawSandra Day O'Connor College of LawSandra Day O'Connor College of Law is one of the professional graduate schools at Arizona State University, located in Tempe, Arizona. Founded in 1964, the law school has held American Bar Association accreditation since 1969. The school is currently located in , adjacent to the architecturally...
. - Yale UniversityYale UniversityYale University is a private, Ivy League university located in New Haven, Connecticut, United States. Founded in 1701 in the Colony of Connecticut, the university is the third-oldest institution of higher education in the United States...
awarded O'Connor an honorary doctoral degree at its 305th commencement on May 22, 2006. - On September 19, 2006, she delivered the Dedication Address for the Elon University School of LawElon University School of LawThe Elon University School of Law is an American law school located in Greensboro, North Carolina, occupying the former downtown public library building. The school spent $10 million renovating the . facility. The School of Law is one of four graduate programs offered by Elon University...
in Greensboro, North CarolinaGreensboro, North CarolinaGreensboro is a city in the U.S. state of North Carolina. It is the third-largest city by population in North Carolina and the largest city in Guilford County and the surrounding Piedmont Triad metropolitan region. According to the 2010 U.S...
and accepted an Honorary Doctor of Laws degree. Earlier that day, she delivered the Fall Convocation Address at Elon UniversityElon UniversityElon University is a private liberal arts university in Elon, North Carolina, United States. Formerly known as Elon College, it became Elon University on June 1, 2001. The campus is a botanical garden and features oak trees, brick sidewalks, fountains, and lakes...
, where she accepted a Doctor of Laws degree. - 2007 – Fellow of the American Academy of Arts and SciencesAmerican Academy of Arts and SciencesThe American Academy of Arts and Sciences is an independent policy research center that conducts multidisciplinary studies of complex and emerging problems. The Academy’s elected members are leaders in the academic disciplines, the arts, business, and public affairs.James Bowdoin, John Adams, and...
- On March 26, 2008, O'Connor was given the Harry F. Byrd Jr. '35 Public Service Award from the Virginia Military InstituteVirginia Military InstituteThe Virginia Military Institute , located in Lexington, Virginia, is the oldest state-supported military college and one of six senior military colleges in the United States. Unlike any other military college in the United States—and in keeping with its founding principles—all VMI students are...
. - On September 22, 2008, she received the 2008 Franklin Award for commitment to public service and strengthening civic participation from the National Conference on CitizenshipNational Conference on CitizenshipThe National Conference on Citizenship was founded in 1946 and was later chartered by the United States Congress in 1953. NCoC was created in order to be a leader in promoting our nation’s civic life by tracking, "measuring and promoting civic participation and engagement in partnership with other...
. - On October 7, 2008, she was inducted into the Texas Women's Hall of Fame in Denton, TexasDenton, TexasThe city of Denton is the county seat of Denton County, Texas in the United States. Its population was 119,454 according to the 2010 U.S. Census, making it the eleventh largest city in the Dallas/Fort Worth Metroplex...
. - On April 9, 2009, Sandra Day O'Connor was named Fifteenth Hendrick Fellow by the United States Coast Guard AcademyUnited States Coast Guard AcademyFounded in 1876, the United States Coast Guard Academy is the military academy of the United States Coast Guard. Located in New London, Connecticut, it is the smallest of the five federal service academies...
. - O'Connor was awarded the U.S. Presidential Medal of FreedomPresidential Medal of FreedomThe Presidential Medal of Freedom is an award bestowed by the President of the United States and is—along with thecomparable Congressional Gold Medal bestowed by an act of U.S. Congress—the highest civilian award in the United States...
by President Barack ObamaBarack ObamaBarack Hussein Obama II is the 44th and current President of the United States. He is the first African American to hold the office. Obama previously served as a United States Senator from Illinois, from January 2005 until he resigned following his victory in the 2008 presidential election.Born in...
on August 12, 2009.
She was invited to the Carmel Author's Festival in California, in 2011, and was introduced by Everett Alvarez High School student, Jessica Lynn Rosa.
See also
- List of Justices of the Supreme Court of the United States
- List of law clerks of the Supreme Court of the United States
- List of United States Chief Justices by time in office
- List of United States Supreme Court Justices by time in office
- United States Supreme Court cases during the Burger Court
- United States Supreme Court cases during the Rehnquist Court
- United States Supreme Court cases during the Roberts Court
External links
- iCivics.org, project to teach children civics, O'Connor is Chairman of the Board
Additional information
- Read Congressional Research Service (CRS) Reports regarding Justice O'Connor
- "O'Connor not bothered by delayed retirement.", The Associated PressAssociated PressThe Associated Press is an American news agency. The AP is a cooperative owned by its contributing newspapers, radio and television stations in the United States, which both contribute stories to the AP and use material written by its staff journalists...
September 28, 2005. - "Sandra Day O'Connor prepares for final days on Supreme Court.", The Associated PressAssociated PressThe Associated Press is an American news agency. The AP is a cooperative owned by its contributing newspapers, radio and television stations in the United States, which both contribute stories to the AP and use material written by its staff journalists...
September 19, 2005. - Cases in which O'Connor has been the deciding vote (July 1, 2005)
- Farewell comments from her fellow justices (July 1, 2005)
- Centrist justice sought 'social stability'
- An Interview with Justice Sandra Day O’Connor Third Branch (August 2009)
- Sandra Day O'Connor directory category
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