Justice Sandra Day O’Connor and the ‘Freshman Effect’

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Justice Sandra Day O’Connor and the ”Freshtnan Effect”

Contrary to expectations, the newest justice quickly adapted to her environment and almost immediately began participating fully in the work of the Court.

by John M. Scheb, II and Lee W. Ailshie

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tudents of the judiciary have long been interested in the process by which new appointees are assim

. ilated into the United States Su preme Court.1 Some of the behavioral and biographical literature suggests the existence of a “freshman effect,” that is, a distinct pattern of behavior manifested by neophyte justices. The so-called fresh-

man effect entails behaviors one might expect from a newcomer to any group where the norms of the group are pecul iar to it and, at least initially, unknown to the newcomer. Such behaviors would be characterized by uncertainty, disorien tation and vacillation. J. Woodford How ard has suggested that it took Justice Frank Murphy three terms to overcome

just this kind of problem in adapting to the norms and business of the Supreme Court.2 On the other hand, Heck argues that Justice Brennan quickly overcame the freshman syndr ome. 3

The literature focuses on three aspects of the freshman effect: a subjective aspect manifested in the “feelings of the new justice himself about his new role,” 4 an

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“effect manifested in the behavior of the chief justice and other senior justice with opinion assignment responsibili ties;”5 and, finally, an effect “manifested in the voting behavior