Sandra Day O’Connor died today. The first woman to serve on the Supreme Court was 93 and had suffered from dementia for a number of years.
Appointed by President Reagan in 1981, O’Connor spent 24 years as a Supreme Court Justice, retiring in 2006. Her New YorkTimes obituary makes an interesting point: while O’Connor was considered a conservative, the current Supreme Court’s increasing right-wing bias makes many of her opinions and rulings appear (gasp!) downright liberal.
Her is a decidedly mixed judicial legacy.
As the Times notes, at her confirmation hearings, she was questioned about the issue of abortion. She “called the procedure ‘offensive’ and ‘repugnant,’ and said that ‘it is something in which I would not engage.’” Yet she defended Roe V. Wade on several occasions.
“One of her most influential roles,” according to Politico, “was in the 5-4 vote in Bush v. Gore, as she joined justices Anthony Kennedy, William Rehnquist, Antonin Scalia and Clarence Thomas in a decision that led to George W. Bush’s 2000 election win.” The consequences of this hotly-contested election are still being felt – most especially in what is and what is not being done to stave off global warming and ecological collapse. Had Al Gore, a passionate environmentalist, reached the White House it is safe to say the planet’s health would be in far better shape than it is.
She supported affirmative action in college admissions. Reuters tells us: “O'Connor wrote in the ruling that colleges must strive for diversity ‘if the dream of one nation, indivisible, is to be realized.’” Reuters also informs the reader that her initial lack of support for gay rights changed over time. “In 1986 she voted to uphold a Georgia law prohibiting sexual relations between homosexuals but voted in 2003 to strike down a similar law in Texas.”
Comparing her to the most recent – Trump-appointed – Justices makes O’Connor seem like a figure from a distant past: a moderate who took the opinions of others into account, a judge who refused to enshrine her own morality as law.
A groundbreaking figure, indeed.
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