Sandra Day O’Connor: A Justice Who Has Made a Difference in Constitutional Law

Sandra Day O’Connor: A Justice Who Has Made a Difference in Constitutional Law

Charles D. Kelso• and R. Randall Kelso**

TABLE OF CONTENTS

INTRODUCTION 917

THE DECISION-MAKING STYLE THAT JUSTICE O’CONNOR BROUGHT TO THE COURT 917

5/4 OPINIONS WHICH JUSTICE O’CONNOR WROTE FOR THE COURT 920

Federalism 920

Due Process 921

Equal Protection-Affirmative Action 921

Equal Protection-Reapportionment 922

Retroactive Law as a Taking 923

Cruel and Unusual Punishment 924

First Amendment 924

Commercial Speech 924

Establishment Clause 925

IMPORTANT 5/4 CASES IN WHICH JUSTICE O’CONNOR SUPPLIED THE

CRITICAL FIFTH VOTE 926

Jurisdiction 926

Justiciability 926

Commerce Clause 927

Commerce Clause-Section Five of the Fourteenth Amendment 928

Dormant Commerce Clause 929

Due Process 929

Due Process-Fundamental Rights 929

Bowers v. Hardwick 929

Michael H. v. Gerald D 930

Due Process-Abortion 931

Due Process-Right to Refuse Medical Treatment 931

Due Process-Liberty Interests of Prisoners 932

* Professor of Law, University of the Pacific, McGeorge School of Law, A.B., 1946; J.D., 1950, University of Chicago; LL.M., 1962, Columbia; LL.D., 1966, John Marshall; J.S.D., 1968, Columbia.

** Professor of Law, South Texas College of Law, B.A., 1976, University of Chicago; J.D., 1979,

Wisconsin.

915

2001 I A Justice Who Has Made a Difference in Constitutional ww

Affirmative Action in Employment 932

Takings Clause 933

First Amendment 933

Defamation 933

Establishment Clause-Government