Law review article

A Tribute to Justice Sandra Day O’Connor

Ruth V. McGregor*

When Justice Sandra Day O’Connor joined the Supreme Court of the United States in 1981, the Court gained much more than a Justice who, during the next quarter century, would play a major role in de termining the direction of the Court’s jurisprudence. It gained the services of a woman who would use her influence, coupled with her considerable intellect and energy, to improve justice systems here and internationally. She became personally and deeply involved in efforts to improve the status of women in the legal profession, to spread the rule of law, and to increase professionalism among lawyers. Much of her success in each area depended upon her willingness to sacrifice anonymity and to become more accessible and visible than most past Justices had been. Any analysis of the impact of Justice O’Connor’s tenure on the Court is incomplete if it does not consider her impact outside the courtroom.

The effect of Justice O’Connor’s appointment upon the status of women in the legal profession cannot be overstated. With Justice O’Connor’s confirmation, the axis of the legal world for women shifted, never to return to its old position. By 1981, women were mak ing their presence felt as law students, but had only the most precarious toehold on positions of influence within our profession. Many areas of practice were, for all practical purposes, closed to women. Few major law firms included women on their

Law review article

A Tribute to Justice Sandra Day O’Connor

Kathleen M. Sullivan*

For those of us who graduated from law school in 1981, the year that Sandra Day O’Connor became the first woman Justice appointed to the Supreme Court, it was difficult to imagine the legal world she had faced upon her own graduation from Stanford Law School in 1952. While her classmate William H. Rehnquist headed off to a clerkship with Justice Robert Jackson, his future colleague on the Court scrambled for legal work despite her top grades and law review membership. Law firms would consider her for positions as a secre tary but not as a lawyer; she later recalled them asking, “Ms. Day, do you type?” Nothing in her experience then could have foretold that she would ascend to the high Court at all, much less become one of the most influential Justices in its history.

In the intervening three decades, Justice O’Connor exercised excep tional strength of character, responding to the overt professional sex discrimination she encountered with remarkable resilience and re sourcefulness. She talked her way into a job in a local prosecutor’s of fice. She served as a government procurement lawyer while her hus band John O’Connor was stationed in Germany in the JAG Corps. She opened a storefront law office in a shopping center when she and her husband settled back in Phoenix. While raising three sons, she mastered the art of political networking. She wasted no energy on self-pity. As one recent biographer noted, Justice O’Connor has followed a lifelong mantra that

Speech

Speech at University of Houston Law Center

Excerpt quoted in “Afterword, Lazy B and the Nation’s Court: Pragmatism in the Service of Principle”:

[W]hen I entered law school, I didn’t even think about the future, whether I would want to practice law, and if I did, what the job opportunities would be. I just assumed I would be able to get a job, and that was a very naive position, looking back.

I finally called an undergraduate woman friend of mine at Stanford, whose father was a partner in a well-known, very large California law firm, headquartered in Los Angeles. I said, “Ask your father, if you would, if he could get me a job interview in the law firm.”

She did. And he did.

I made the trip to Los Angeles. I sat down with the law firm partner doing job interviews, and we chatted for a little while, and then he said, “Ms. Day, how do you type?”

I said, “Well, medium. I can get by but it’s not great.”

He said, “If you can demonstrate that you can type well enough, I might be able to get you a job in this firm as a legal secretary. But Ms. Day, we have never hired a woman as a lawyer here, and I don’t see the time when we will.”

So that was pretty much the situation.

Speech

Federalism: Problems and Prospects of a Constitutional Value

While our federal system can never be perfect as long as the United States remains a sovereign union of equally sovereign states, federalism’s vitality is evident from the intensity of debates about the limits of federal and state power. The same tensions and conflicts that render questions relating to government action difficult, make our liberties strong.

Speech

The American Federal System

[T]he reach of the state and federal governments has extended into new areas not foreseen by the Founders, making it necessary to define both the outer limits of all government authority and also the boundaries of federal and state government with respect to each other. This job rests primarily with American judges.

Panel discussion

Panel discussion with other justices at Stanford University Law School on the international role of the Supreme Court

Kathleen Sullivan (Dean, Stanford Law School) Thank you, Mr. Neil, for that extraordinarily generous introduction. Thank you Justices O’Connor, Kennedy and Breyer for gracing the stage and this illustrious event. Thank you all of you judges who stood a moment ago to be recognized not only for your attendance, you give us honor by your presence. But for your years of public service, all of you together do participate in what we must be proud of as one of the crown jewels of the American system of government, air independent judiciary, which is indeed the envy of the world. And that is really our topic today: the envy of the world. Why is it? What if anything, should we envy about judiciaries in other nations? And I would just open this discussion of comparative judicial systems, first by telling you a little bit about the people on this panel, and then by introducing the topic.

Let me remind you, as you already no doubt know about each of these wonderful justices from the western United States. First, that Justice Sandra Day O’Connor is twice a Stanford Graduate. She received both her BA and her law degree from Stanford. She was at the very top of one of the most talented law school classes ever in our holes, the class of 52, which also included the Chief Justice of the United States, William Rehnquist. While she was at Stanford Law School, Justice O’Connor was a member of the Law Review. And indeed, it turns out that she met her husband, John O’Connor, and spent some time doing

Law review article, Speech

The Quality of Justice

The Quality of Justice

The Honorable Sandra Day O’Connor* Associate Justice

Supreme Court of the United States

… We all can be proud that we are “members” •of the Ninth Circuit, whether as circuit justice, judge, magistrate, employee, or practitioner. The Ninth Circuit Gender Bias Task Force was the first federal task force formed to study the effects of gender in the judicial system, and it has produced a comprehensive, well-supported report. A couple of years ago, I gave a speech in which I discussed the exist ence of a glass ceiling for women. The next day, headlines and news paper articles trumpeted my statements as if I had made a surprising new discovery. But it is now 1992, and I don’t think most of us were surprised to learn that the Task Force found the existence of gender bias in a federal circuit. After all, over 20 state. task forces already have found gender bias in their judicial systems.

Gender bias can affect men and women, judges, coµrt personnel, lawyers, litigants, and witnesses. You may have read about its recent effect on a female lawyer in New York when she tried to make an objection at a deposition. Her male opponent asked someone to “tell that little mouse over th.ere to pipe down” and refused to.address her. (The “mouse,” by the way, fought back. Styling herself the “little mouse that roared,” she filed a motion under a New York state law prohibiting such conduct, and her opponent was fined $500.)

Without denigrating the effects on individuals

Law review article, Speech

Professionalism

It is a great pleasure to be here at Washington University to dedicate this magnificent new home for the law school. Winston Churchill once said that “[w]e shape our buildings and afterwards our buildings shape us.”1 Here you

have shaped a beautiful site, commensurate with Washington University’s reputation and equipped to meet the demands of contemporary legal education. I expect that this stunning facility will in turn inspire innovative scholarship, and nurture young lawyers with the finest legal skills and the highest professional standards.

As lovely as it is, what I would like to talk to you about today is not your new building. I would like to discuss my granddaughter. You see, I recently returned from an extended period of grandmother-granddaughter bonding sort of a cross-generational in-the-family version of Thelma and Louise and she is often on my mind. At one point during the visit, my granddaughter came to me, disappointed about having to perform some task or another. It was pointless, she said. Well, she didn’t actually say ”pointless.” Pointless, in the vocabulary of a young child, is replaced by two words: ”But why?” Her meaning was clear nonetheless. Her second objection was that it was “no fun.”

“Pointless and no fun,” one of my friends quipped. ”If those were

legitimate objections, we wouldn’t have anyone practicing law.” The comment seemed funny at that moment, but in retrospect it seems disconcerting. Is that what the practice of law has become-pointless