Day 24: Sandra Day O'Connor

[A18]

Discuss.

[Peter]

O'Connor is a mixed bag, though on reflection a Freedom Fighter.

Certainly her decisions on the commerce clause cases of the era (Lopez, Morrison, Raich) are to be commended. She should also be viewed in a favourable light for her upholding the majority of the better parts of the Warren era (Miranda, right to counsel, some 1st amendment precedent [in particular her '05 stands in McCreary and Van Orden]).

Her continual umming and arring over affirmitive action (for race) scars her record on the equal protection clause which had otherwise been good (in particular its protection of gays). Her death penalty jurisprudence has returned to bit her (i.e. Thompson v. OK ultimately going further than she had intended in Roper), though some parts were good. Finally, I consider the greatest mistake of her career to be her dissents to Apprendi and its progeny.

[Bleeding heart conservative, HTMLdon]

The greatest FF ever!

[Emsworth]

Marginal freedom fighter. It is true that her record on almost everything is utterly atrocious: in particular, her due process and equal protection jurisprudence come to mind. At the same time, she seems quite moderate on these subjects when compared to most of her contemporaries. The balance, for me, is tipped by her views on the commerce clause.

[A18]

O'Connor was quite good on Commerce Clause issues. That is true. She also voted soundly in Mueller v. Allen and its progeny.

But let's consider her votes in other cases. Her decision to preserve Roe is difficult to comprehend in light of her joining the majority in Bowers v. Hardwick. Her free speech votes were atrocious, McConnell v. FEC being one of the most disgraceful decisions in recent memory. I do not share Peter Bell's enthusiasm for her positions in Van Orden v. Perry and McCreary County v. ACLU, which strike me not merely as unsound, but inconsistent with her vote in Marsh v. Chambers. Her votes in Seminole Tribe and Central Virginia Community College v. Katz are impossible to reconcile, and her handling of Gratz and Grutter was simply laughable.

Horrible justice, horrible person.

[Sam Spade]

O'Connor has this nasty habit of basing her decisions on extremely tiny issues that I find extremely annoying.  Her jurisprudence was ok, not great, though certainly not as bad as Kennedy. 

Best part of her career was her Commerce Clause decisions, worst part is easily PP v. Casey, a ruling which is so totally not based on the "Constitution", it isn't even funny. (and one of Scalia's best dissent)

[MaC]

not great, but not the worst Justice to sit on the bench.

[○∙◄☻¥tπ[╪AV┼cVê└]

HP for Bush v. Gore. She was clearly upset when the networks called FL for Gore. Then, she voted to deny him Florida.