Former US Supreme Court Justice Sandra Day O’Connor passed away on December 1. As the first woman justice, appointed by President Ronald Reagan in 1981, she broke new ground for women in law, and she earned a reputation for thoughtful and pragmatic opinions that often found a middle ground between the Court’s ideological poles.
In 2015, Justice O’Connor participated in the Institute of Judicial Administration’s Oral History of Distinguished American Judges project. Interviewed by two of her former clerks, Marci Hamilton and Barbara Bennett Woodhouse, O’Connor discussed some elements of her judicial philosophy and shared memories of her early life in Arizona and her time on the bench.
Watch the interview with Justice O’Connor here.
O’Connor said that she had always sought a balanced tone and took a long-term view in her opinions. “I think it's better to be less vindictive and more instructive,” she said, “…particularly as a judge because your opinions may have to be followed in the future, so you want to keep them fairly fair and long-lasting.”
Woodhouse noted that O’Connor has been described as “a judge’s judge in the sense that you were writing for that particular case and not trying to make huge sweeping declarations.” O’Connor agreed, saying, “If you’re more cautious about making sweeping rules as you go along, you’re more apt to see the principles survive and to see if in practice it works out pretty well. And don’t make those sweeping pronouncements,” she cautioned, “until you’ve had years of experience with it.”
Reminiscing with her former clerks, O’Connor reflected, “Even at the end of the day, you're not sure you've reached all the right ideas or answers. You do the best you can. But how wonderful to be in an appellate court where it’s possible to consider the various possibilities and do the best you can with these very challenging issues. That’s a great privilege.”
Posted December 4, 2023