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Salon
Salon
Politics
Dan Canon

REVEALED: Sandra day o connor wasn t that great - The Real Truth

Amicus by claiming "had there never been an O'Connor, there would never have been a [Ruth Bader] Ginsburg." Lithwick's guest, a former O'Connor clerk, said she "modeled what it means to be a good person." NPR featured another former clerk who talked about how "warm and engaging" O’Connor was. The Washington Post praised her for an approach to the law that was “more infused with common sense than driven by ideology.”  (Since her death was announced last Friday, your favorite legal commentators have been gushing about the legacy of Sandra Day O'Connor. Dahlia Lithwick opened the most recent episode of her excellent podcast)

But I am not among your favorite legal commentators, and, as you've probably guessed from the title, I am not here to lionize Justice O'Connor. Instead I'll argue that O'Connor represents everything wrong with America's legal institutions. This is so even if we give her the benefit of every doubt; e.g., that her appointment wasn't a cynical ploy by Reagan's GOP, and that she was a trailblazer for women lawyers everywhere, and that she saved Roe v. Wade (for a while), and that her opinion in Bush v. Gore was the result of careful deliberation rather than a naked abuse of power. 

I understand that I am going to catch hell for this piece. I am a privileged, middle-aged white guy conducting a post-mortem critique of the first woman justice to serve on the Supreme Court, a jurist and scholar who was a damn sight smarter and more successful than I'll ever be. But before roasting me on your e-spits, I'll ask you to keep two things in mind: 1) my evidence consists of her own opinions, quoted below, so you don't have to take my word for it, and 2) I have spent my career representing people who are decidedly underprivileged; the ones who have to live with the consequences of opinions rendered by people who wear robes. So maybe the reader will grant me a little credibility here (and if not, see #1). 

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