Sandra Day O'Connor Quotes
My concern was whether I could do the job of a justice well enough to convince the nation that my appointment was the right move.
In the 2000 Presidential Election, Gore won the popular vote, but the electoral votes were so close that the winner depended on a single state, Florida. However, that state’s election process was poor and there were many irregularities and problems in vote counting and recounting. The Republican Secretary of State stated that the Republican candidate won, but the irregularities persuaded the Florida Supreme Court to order a recount. That decision was appealed to the Supreme Court which decided to stop the recount, giving the Presidency to Bush. All nine Supreme Court Justices were unhappy that they had to decide a case which determined who the President would be, but if they had refused to hear the case, the raw politics of Florida would determine the President. Stevens wrote this quotation in his dissent, and ironically it was about the only thing that the nine justices all agreed to—that the nation’s confidence in the Supreme Court and the legal system was the loser. There was no way for the court to win, unless they could have mustered an overwhelming majority for one side or the other. That proved impossible, so all the justices tried to make the best of a bad situation in which they had been placed.
Scalia had been a close friend of the Vice President. He had recently been taken on the Vice President’s plane and they went duck hunting.
This was more than a general observation at the time. Elena Kagan had just gone through difficult and extended Senate confirmation hearings to be a Justice of the Supreme Court. She was confirmed but there was a substantial Conservative opposition to her on the grounds that she had not served as a judge, although she had appeared as an attorney in many cases and as Solicitor General of the United States she argued cases before the Supreme Court. To many it was surprising that a sitting justice would so currently take a public position which could be interpreted as criticizing one wing of Congress, especially since that wing had been criticized for just playing petty politics and having no real substantive issues.
From time to time, the assessment of a prospective Supreme Court justice has depended on an attempt to move the court in a particular direction or to prevent that. This is as opposed to the issue of the competence of the nominee. In most cases, such nominees may not have been the best qualified but they have been extremely competent. In a few cases, such as that of Justice Clarence Thomas, the justice was mediocre and inexperienced at best, but his virtues were his race and his total ideological consistency. Most attorneys can predict his vote in advance. He has never asked a question in oral arguments. See {623452} .
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.
