Sandra Day O’Connor’s Pioneering Legacy Slowly Diminishing

Sandra Day O’Connor’s Pioneering Legacy Slowly Diminishing



The fading legacy⁣ of Sandra Day O’Connor, a trailblazing justice

SANDRA ‌DAY O’CONNOR was the first woman to serve on America’s Supreme Court. President Ronald Reagan appointed‍ the Arizonan (who had been⁢ both a state ​senator and judge) in 1981, a year after promising to end the high ⁣court’s ‌191-year monopoly of ⁤men. Unlike the second woman to serve‍ on the court—Ruth Bader Ginsburg, who died in 2020 while still in robes—Justice O’Connor vacated her seat a generation‌ before her death at the age of 93 on December 1st.‌ The pathbreaking centrist justice who emerged as a swing vote in countless‌ significant cases thus lived to witness the dismantling of key elements ​of her legacy as ⁤the Supreme Court marched rightwards.

“It is not often in the law”, Justice ⁢Stephen Breyer lamented in 2007, a year after Justice O’Connor’s departure, “that so few have so quickly changed ⁤so much.” He was summarising his dissent from a 5-4 ruling opposing programmes ⁤for​ racial integration in public schools that Justice O’Connor’s ⁤replacement, the ⁤much more ⁢conservative⁢ Samuel Alito, made possible. In 2003 Justice O’Connor had written⁤ Grutter v Bollinger, ‍ a decision affirming a 25-year-old⁢ precedent that had permitted universities‍ to‍ consider an applicant’s race ⁣in admissions. Pitching the ⁣benefits of affirmative action as “not theoretical, but real”, she pointed to elite universities as the “training ground for a large number of our nation’s leaders”. The‍ “path to leadership”, she wrote, must be “visibly open to ⁤talented and qualified individuals of every race‍ and ethnicity”.

Justice O’Connor’s ⁢views on race had shifted somewhat: earlier in ⁢her‌ tenure she wrote two decisions barring racial preferences in government contracting. But in Grutter she ​attempted (not ‍to ⁣the satisfaction of ⁤the four dissenters) to distinguish those from racial considerations in university admissions.⁣ After ​more challenges to affirmative action faltered by a…

2023-12-02 08:16:32
Link⁣ from‌ www.economist.com
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