Sandra Day O'Connor: A country girl turned 'monarch of the judiciary'
"He's perfect in every aspect, only he's not a female."
Justice Sandra Day O'Connor had a mixed response to the appointment of her replacement on the US Supreme Court.
These feelings were characteristic of O'Connor, the first woman judge to serve on the country's highest court.
The burden of O'Connor's groundbreaking nomination in 1981 was a significant presence during her 26-year tenure.
Identifying herself as a "cowgirl from the Arizona desert", the right-leaning judge had to consistently demonstrate that she was superior to men and advocated for women.
O'Connor skillfully utilized her political savvy, gained from her experience as a Republican activist and state senator, to adeptly handle the turbulent realm of Supreme Court rulings.
O'Connor's ideological stance was moderate, a viewpoint that frequently provided her with the crucial deciding vote in a court that was deeply split between conservative and liberal judges.
Throughout the majority of the 1980s and afterwards, O'Connor played a significant role in voting on a variety of controversial topics, ranging from the rights to abortion to the contested 2000 presidential election.
O'Connor, a pioneer for gender equality, was followed by the second woman justice of the Supreme Court, famously known as Ruth Bader Ginsburg.
O'Connor didn't have a consistent moniker or a politically motivated mass of followers. Instead, she distinguished herself in a manner that is rare among justices.
For nearly twenty years, she maintained a significant influence in the court, establishing her as one of the country's most influential females, infamous in everything except name.
"One of her biographers, Linda Hirshman, conveyed to the BBC that Justice O'Connor held a dominant position in the court for an extended period,"
The farmer's girl
O'Connor, a self-reliant, industrious, and self-sustaining individual, attributes much of her distinct personality traits to her solitary and occasionally rigorous childhood in the south-western part of the country. She was born in El Paso, Texas in 1930.
O'Connor grew up in Lazy B, a sprawling 198,000-acre cattle ranch nestled in the desert between Arizona and New Mexico. Her home was a modest farmhouse situated 14km (or nine miles) from the closest asphalt road. Her parents, Ada Mae Day and Harry Alfred Day, were the ones who raised her there.
Her early years were tough, influenced by the unstable nature of the family trade and the challenges of living on a ranch. Mastering skills like horseback riding, truck driving, and handling a .22-calibre rifle with her father were as crucial to her upbringing as reading books alongside her mother.
Regarding her structured learning, O'Connor was dispatched to reside with her grandmother in El Paso. At the age of 16, she joined Stanford University to chase the unrealized ambition of her father, who had aspired to study there prior to pledging himself to the family ranch.
Her stint at Stanford was both intellectually and emotionally rewarding. She graduated with two degrees in economics and law, and also attracted the interest of numerous admirers. Biographer Evan Thomas estimates that she was proposed to four times during her time at Stanford. He further revealed that one of those proposals was from the man who would later become Chief Justice of the Supreme Court, William Rehnquist.
The suggested plan was turned down. Subsequently, John Jay O'Connor, a fellow law student at Stanford, came into the picture, whom she tied the knot with in 1952. On the surface, their resumes seemed equally impressive, both serving as editors for the esteemed Stanford Law Review. However, in truth, a significant gender disparity existed between them.
'Legal companies didn't employ females'
"I didn't receive any job offers," O'Connor conveyed to the International Bar Association in 2011. "It was extremely disheartening given I had excelled in both my undergraduate degree and law school, while my male peers experienced no such difficulties."
In her initial employment, she consented to labor without compensation, without an office, for a district lawyer in San Mateo, California. These circumstances may seem laughable according to modern norms, but O'Connor persevered and ultimately managed to secure a modest wage.
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What constitutes the US Supreme Court and why is it significant?
O'Connor and her spouse were enlisted into the US military and sent to Germany. After their return in 1957, they chose to make their home in Maricopa County, Arizona. However, even at that time, gender discrimination was a hindrance to the career O'Connor aspired to pursue.
"Legal companies were not employing female attorneys," O'Connor remarked at the Aspen Ideas Festival in 2011. "Therefore, I needed to devise a method to practice law."
She managed to establish her own accessible legal firm at a mall, handling minor cases. It allowed her to be actively involved, but she quickly realized that her main focus was somewhere else: at home, with her three boys, Scott, Brian, and Jay.
The housewife becomes a legislator
O'Connor stepped away from her law career for five years following the birth of her second son, Brian, in 1960. Many refer to this timeframe as O'Connor's "career break", but according to Scott, it was not like that at all.
"Her vitality surpassed that of 20 individuals," Scott conveyed to the BBC. "She wasn't merely lounging around at home in her slippers, absorbed in television dramas."
Besides being a parent, O'Connor juggled several other commitments. She immersed herself in political activities as part of the Maricopa County Young Republicans, worked in public health at the Arizona State Hospital, and engaged in charitable work with the Salvation Army.
O'Connor's visibility and network in Arizona's political landscape grew due to a surge in volunteer work. Subsequently, opportunities began to present themselves.
In 1965, she secured a position as a deputy attorney general in Arizona. Her work in this capacity won her the favor of Arizona's Governor Jack Williams, who subsequently appointed her to fill an empty seat in the state senate.
She was re-elected two times, and to her trio of sons, it was "nothing special" back then.
"Scott mentioned that he and his siblings knew their mother's profession was unlike that of other mothers. However, they didn't recognize the uniqueness of the situation during that time period."
Once, O'Connor persuaded her senator colleagues to halt a legislative meeting so she could bake cookies and prepare lemonade for her sons. Undoubtedly, O'Connor was a figure of authority.
Her influence, bolstered by her networking and unwavering determination, aided her in challenging and overcoming gender obstacles. The first significant achievement in her career was in 1973 when she was voted as the majority leader of Arizona's Senate. This was a notable milestone for women in the United States.
After a year, she transitioned from politics to law, successfully being elected as a county judge in 1975 and later being appointed to the Arizona Court of Appeals in 1979. Her advancement was perfectly timed.
The president chooses 'a woman for all seasons'
During his 1980 presidential campaign, Ronald Reagan made a promise to nominate the first female Supreme Court Justice. As such, after his victory, O'Connor, who had a diverse background as a ranch girl, lawyer, politician, and judge, was in an ideal position to fill the upcoming empty seat on the court.
O'Connor had backing from influential figures, including her former lover Justice Rehnquist, who advocated for her appointment privately.
A brief 15-minute conversation with O'Connor at the White House was sufficient for President Reagan to reach a decision. Captivated by her southwestern charm and struck by her keen intellect, Reagan designated O'Connor – a "universal woman" – as his candidate in 1981.
Scott described his mother's nomination as akin to a lightning strike.
"He found it difficult to comprehend," he stated. His mother was also surprised. "I had never served as a legal assistant in that place, nor had I ever presented a case in court," O'Connor revealed to the International Bar Association.
The results of her Senate hearings, which were the first to be aired live on television, showed that her concerns were unnecessary. Both liberals and conservatives generally responded positively to her nomination. This was clearly demonstrated by the unanimous 99-0 outcome of her confirmation vote.
O'Connor embodied a sort of cross-party agreement on the American endeavor and our self-governance method, according to Hirshman, the writer of Sisters in Law.
She hailed from Arizona, a place known for its strong traditional American agreement. Her confirmation hearings were overwhelmingly positive.
The confirmation of O'Connor's nomination marked the end of the 191-year exclusive control by "the brethren" over the Supreme Court. A fresh era had begun.
A unifier who often displayed unpredictable tendencies
O'Connor stood as a beacon of advancement for women, making her influence known. However, when dealing with legal matters, she did not impose her personal beliefs on the court. In fact, her colleagues often wondered if she even had personal ideologies.
"Eugene Volokh, a legal expert who had a stint as a clerk for Day O'Connor in 1993, described her to the BBC as a practical and efficient justice. She believed in making the legal system function well and interpreted laws and constitutional clauses keeping this in mind. Consequently, there were instances when her decisions were unpredictable."
Scott viewed his mother as a "gradualist" who didn't aim to drastically challenge established customs. Typically, O'Connor avoided making broad generalizations and was always conscious of the personal and state rights.
During her initial tenure on the bench, O'Connor was a key part of the conservative group. However, as the court took a more conservative turn with the induction of justices Antonin Scalia, Anthony Kennedy, David Souter, and Clarence Thomas, O'Connor began to diverge from her peers more often.
She often aligned with progressive judges on issues related to equality and civil rights. However, historical data indicates that she predominantly sided with the conservative group over the progressive one in controversial 5-4 rulings.
A significant disagreement between O'Connor and conservatives was evident in 1992, during the contentious Planned Parenthood v Casey case, which revolved around abortion rights. O'Connor was part of the slim 5-4 majority that upheld Roe v Wade, the landmark 1973 ruling that legalized abortion in the US.
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You must activate JavaScript in your browser to view this video. This is a brief three-minute explanation of the abortion controversy.
Those who had criticized O'Connor were left surprised by the vote, given her prior personal declaration of detesting abortion. Even though Roe v Wade remained intact, a fresh standard was implemented concerning abortion restrictions at the state level. States were granted greater flexibility to enforce rules unless they excessively hindered women attempting to get an abortion.
Several individuals supporting the right to abortion feel that things would have improved if Roe v Wade had been directly overturned," stated Hirshman. "There could have been a public vote to determine if Americans truly wished to return to a time when women had to resort to unsafe, clandestine abortions."
In 2022, the person who eventually succeeded her – the staunchly conservative Justice Samuel Alito – wrote the leading opinion that ultimately overturned Roe v Wade.
A questionable heritage
Perhaps the most controversial judgment O'Connor ever made was the Bush v. Gore case in 2000.
In that particular year, George W. Bush of the Republican party and Al Gore of the Democrat party engaged in a fiercely competitive presidential election. The votes were so evenly split in Florida that a recount was mandated by state law. This recount sparked several legal disputes, culminating in a contentious ruling by the Supreme Court.
O'Connor cast her vote with the majority of 5-4 to stop any legal disputes concerning the election outcome, thereby essentially placing Bush in the presidency.
The verdict was perceived as a partisan maneuver by the Republicans, given reports of O'Connor's apparent dismay at the possibility of Gore's victory on election night. Despite her denial, Democrats were furious, alleging that O'Connor was politically prejudiced.
Hirshman stated, her reputation will always be marred by that decision.
O'Connor's retirement from the court in 2006 led to repercussions that followed her. Bush established a court leaning towards conservatism, which eventually undid some of her significant accomplishments related to abortion rights and campaign finance.
O'Connor was deeply upset by this, but as she mentioned in 2011, "life continues".
O'Connor embarked on another journey filled with sorrow. She decided to step down from her Supreme Court duties at the age of 75, which was considered an early retirement for someone in her position. Her decision was motivated by her wish to look after her spouse, who passed away in 2009 following a long battle with Alzheimer's disease.
O'Connor was heartbroken and later confided in her biographer, Mr. Thomas, that stepping down from the court was "the biggest blunder, the most foolish thing I ever did". Regardless, O'Connor immersed herself in a "second profession".
"Upon her departure from the judiciary in her 80s, she embarked on a mission to impart knowledge of civics to the younger generation of Americans," stated Scott. A particular program, iCivics, employs the use of video game technology to instruct six million students annually on the functioning of the US government.
"Every Supreme Court justice is now discussing the significance of civics. It's my mother who initiated this," stated Scott.
O'Connor continued to participate in public affairs even in her 80s, until she ultimately faced a hurdle she couldn't surmount.
In 2018, O'Connor revealed that he had been diagnosed by doctors with early signs of dementia, likely Alzheimer's disease.
Although the last phase of my life with dementia may be challenging, nothing has lessened my thankfulness and profound admiration for the numerous blessings in my life.
Being a youthful cowgirl in the Arizona wilderness, I could never have foreseen that I would eventually be the inaugural female judge on the US Supreme Court.
'Resting here is a commendable adjudicator.' Historical accounts often focus on pioneers, despite what their influence may have been. O'Connor's impact surpassed her pioneering status, particularly in the advancements of gender rights, constitutional legislation, and public education. Her brother attributed her success to straightforward objectives, which were the foundation of all her achievements.
"Her motives weren't rooted in the pursuit of legacy or heroism," Alan Day conveyed to The Arizona Republic newspaper. "Her identity was simply because she desired to be virtuous and carry out positive actions."
In fact, during her confirmation hearings in 1981, O'Connor was questioned about the kind of impact she wanted to make.
"Oh, the question about the epitaph," she responded. "I wish it would read, 'Resting here is a fair judge.'"
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