Sandra Day O’Connor: Justice, Ambassador, and Role Model

SANDRA DAY O’CONNOR: JUSTICE, AMBASSADOR, AND ROLE MODEL

Over the last several years, the Supreme Court’s role has subtly changed, making Justice Sandra Day O’Connor more important to the Court than ever. Whereas the Court previously had mandated jurisdiction over certain cases, it now hears only those cases which the members of the Court deem worthy of consideration. As the press has noted, the number of Supreme Court cases has declined rather dramatically. The reasons for this decline are complex and, to some degree, impenetrable or at least unprovable. Part of the decline in the caseload, though, must be attributed to the fact that some of the previously “necessary” cases did not really require Supreme Court intervention. There has also been an apparent change in the philosophy of certiorari jurisdiction. The Court seems to wait longer now than it did before. But for exceptional cases, circuit splits need to be significant before the Court will grant certiorari on a particular issue. The Court seems to have adopted the attitude of a referee who waits until the players definitely require intervention before taking action. When a court behaves in this manner, it is tempting for its members to believe that they must issue rules that will provide guidance in every potentially related case. For some, bright-line rules and predictability become of paramount importance. The Court’s mission shifts on the margins from the common law model of resolving individual disputes to the civil