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Conservative Role Indicated by O’Connor

September 11, 1981

ITEM DETAILS

Type: Newspaper article
Author: Jim Mann
Source: Los Angeles Times
Collection: The Kauffman-Henry Collection
Date is approximate: No

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WASHINGTON-Supreme Court nominee Sandra Day O’Connor served notice Thursday that she is likely to take conservative positions at the high court on important issues of criminal law. During the second day of her confirmation hearings before the Senate Judiciary Committee, O’Connor criticized what she called some “unfortunate” effects of the exclusionary rule-the principle that requires judges to exclude evidence from criminal trials if it has been obtained illegally by the police.

Stewart Took Liberal Approach

The nominee also reaffirmed her support as an Arizona legislator of the death penalty and of’ efforts to clamp down on the distribution of pornographic material. Retired Justice Potter Stewart, whom O’Connor is slated to replace, took a liberal approach in obscenity cases and generally resisted attempts at the high court to limit the scope of the exclusionary rule. O’Connor’s testimony suggests that her appointment may give new impetus to efforts to lift some legal constraints on law enforcement officials. By Thursday night, with her own testimony before the Judiciary Committee nearly complete, O’Connor’s confirmation seemed all but assured. Several members of the committee, including such leading conservatives as Sen. Orrin G. Hatch (R-Utah), assured O’Connor they will vote for her. At a time when President Reagan is scoring high in public opinion polls, and with O’Connor herself apparently a popular choice, most of the senators held back from any tough give-and-take with

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