Supreme Court Pivots: Sandra Day O’Connor
Reagan appointed her prior to Thomas, Roberts, and Alito. She became the swing vote, including in Bush v. Gore. Bush 2’s treatment of her was crucial to the Court’s pivot to the Radical Right.
President Reagan had already committed to appointing a woman to the Supreme Court. When a vacancy occurred, the pool of qualified, conservative women judges was quite small. Reagan nominated Sandra Day O’Connor, who was very young to be considered. Some said she was too inexperienced.
Justice O’Connor moved from being a conservative judge to a centrist position on the court. She remained the key swing vote until she left the court.
Her most important vote was the on the 5 to 4 Bush v. Gore decision which named Bush the President. (In private statements made later, she expressed disappointment at what happened in Bush’s administration.) Only an unusual set of events kept Gore from being President, and Gore would never have appointed Roberts or Alito.
In 2004 O’Connor’s husband came down with a serve case of Alzheimer’s. She felt compelled to help him. She submitted her letter of resignation on July 1st, 2005, to be effective the date of the confirmation of her successor. Given her personal circumstance this was very gracious on her part. There was every prospect for her successor to be confirmed prior to the next term starting in early October.
In fact, John Roberts was nominated to fill her seat. However, before his confirmation, Chief Justice William Rehnquist died on September 3rd. Bush withdrew Roberts’ nomination for the O’Connor seat and instead nominated Roberts to be Chief Justice. For O’Connor’s part, instead of having to take care of her husband during the next term, his condition had deteriorated so severely that she could no longer be of help to him. Prior to Alito’s nomination October 31, O’Connor requested of Bush to have her resignation revoked, but Bush refused, presumably because he wanted a more conservative Justice. Did Roberts participate in this refusal? O’Connor left the court on January 31, 2006, the day Alito was confirmed.
O’Connor, who was only 75, went on with her life and became President of William and Mary College until she retired from that position. She lived until age 93, dying on December 1, 2023. If Bush 2 had been more “reasonable” or “honorable” she might have become the longest serving Supreme Court Justice. In addition, Alito would likely never have been a Justice, and the Court’s pivot to the Radical Right might have been avoided.