Did O'Connor become more liberal
hendersl at ix.netcom.com
Mon Feb 26 08:28:57 PST 2007
Agreed--we need to study *all* her opinions and evolution.
certainly she sought a middle way with Souter and Kennedy in *Casey* whether
you like it or not. she became pursuaded that the viability of the unborn
would not be enhanced much beyond medical technology, but saw the meaningful
line as being viability. In *casey*,t he noticing of women no longe rbeing
subject to their husbands, as being separate individuals, etc. has to have
come from O'connor, nu?
In sex discrimination cases, she was undoubtedly informed by her own
experiences and call it "liberal" if you want, but . . . I also think having
Justice Ginsburg there helped as they could support each other. (Ginsburg
was recently quoted as saying it was lonely without O'Connor)
Jusitce scalia's nasty ad feminam attacks on O'connor may have pushed her
more than Thomas. . .
Finally, because O'Connor admired Powell, balancing played a large role in
her "particularism" and she got bashe dby Nino and others for it. For
example, in *Grutter,* the Powell way made sense to her.
As forKennedy, he has long been troubled by discrimation against LGBT
persons, he has a strong western libertarian streak on individual rights,
and he sees federalism as part of that libertarianism . . .
----- Original Message -----
From: "Frank Cross" <crossf at mail.utexas.edu>
To: "earl maltz" <emaltz at camden.rutgers.edu>; <conlawprof at lists.ucla.edu>
Sent: Monday, February 26, 2007 7:28 AM
Subject: Re: Did O'Connor become more liberal
> Her book actually says that O'Connor was pushed to the right initially by
> Brennan, as she was warned that he would try to trick her into joining
> opinions that contained liberal timebomb language. Then that she was
> driven to the left by Thomas. And that Thomas pulled Scalia to the right.
> All of this could be tested, at least roughly, by looking at overall
> voting patterns and willingness to join opinions by certain other
> At 08:29 AM 2/26/2007, earl maltz wrote:
>>I was watching an interview with Jan Greenburg about her new book on the
>>Supreme Court, and she seemed to suggest that Sandra Day O'Connor moved to
>>the left in response to the appointment of Clarence Thomas. Other than
>>the change in her position on gay right (which I think reflects other
>>forces), is there any evidence to support this view?
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> Frank Cross
> McCombs School of Business
> The University of Texas at Austin
> 1 University Station B6000
> Austin, TX 78712-1178
> To post, send message to Conlawprof at lists.ucla.edu
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