Sandra Day O'Connor Quotes
I do not believe it is the function of the judiciary to step in and change the law because the times have changed.
Sandra Day O'Connor, U. S. Supreme Court Justice, Washington Post, September 10, 1981
Sourced by: Eigen's Political and Historical Quotations
The New Deal liberal Democrats had complained that the Supreme Court was making national policy and law and not interpreting law. They tried to pack the Supreme Court by adding more justices who would be more sympathetic to the New Deal. (See {587549}.) At the beginning of the 21st century it was the conservative Republicans who were making the same claim that the Supreme Court was making law and not interpreting it. The pattern seems to be when the court votes for your side, they are interpreting the law. When they vote for the other side, they are activist—making law improperly.
One of the conundrums of our constitutional system is who has the last word as to what the Constitution means. Essentially it is the judicial branch headed by the Supreme Court. But there are those who believe that the current popular majority should have a say in what is or is not constitutional. If so the legislative branch should have the last word. Still others say that the President is the only person elected by ALL the people, so his opinion most reflects the will of the public. And then there are most who argue that the Constitutional system was created just to avoid the power of currently popular majorities, and the courts should decide based on the Constitution itself. So the statement has very little meaning except that Phillips thinks that the courts have too much power. Whoever gets to decide what is or is not Constitutional will be accused of being “over” the Constitution by those who don’t like the decisions. In our system, that is the courts.
Hatch was the chairman of the Senate Judiciary Committee at the time.
The dramatic thing about this quotation is that in public, the mantra of conservatives about the courts of America is that they make and change laws as opposed to just interpreting and clarifying the laws. They traditionally accuse judges who rule against their favorite positions as using the courts as an instrument of political and social change. Here a leading conservative federal jurist, who thereafter became a member of the Supreme Court, was acknowledging and advocating the courts as instruments for conservative social, economic, and political change.
He served on a Supreme Court that was as close to political as any had ever been. Hence his great concern.
Bork was the proponent of the theory that the Supreme Court constantly exceeded its authority and became a de facto legislature to make reforms the elite, intellectual elements of society desired as opposed to what the majority wanted.
Sandra Day O'Connor is a retired attorney and politician who served as the first woman associate justice of the Supreme Court of the United States from 1981 to 2006. She was the first woman nominated and confirmed. Nominated by President Ronald Reagan, she was considered the swing vote for the Rehnquist Court and the beginning of the Roberts Court.
