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The legal world is mourning the loss of retired Justice Sandra Day O’Connor, whose passing at the age of 93 marks the end of an era. A pioneer and a trailblazer, Justice O’Connor’s legacy is not without its complexities, as reflected in her final days on the bench.

The last case in which Justice O’Connor participated before retiring in 2006, Central Virginia Community College v. Katz, presented a seemingly technical dispute over the power of Congress in federal bankruptcy law. The 5-4 decision, penned by Justice Stevens, departed significantly from the Court’s previous sovereign immunity jurisprudence. It marked a notable shift, as Justice O’Connor, previously aligned with a particular majority, joined the majority opinion without a separate explanation.

This departure raised eyebrows, questioning one of the central principles guiding the Court’s approach to state sovereign immunity. Justice O’Connor’s decision, although maddening to some, exhibited a pragmatic perspective. It underlined her commitment to maintaining the status quo in bankruptcy law, even if it meant deviating from prior jurisprudential stances.

As we reflect on Justice O’Connor’s legacy, it becomes evident that her decisions sometimes alienated different audiences. From her role in Bush v. Gore to her influence in narrowing the scope of post-conviction habeas corpus, her impact was both profound and controversial.

Evan Thomas’s biography of Justice O’Connor sheds light on the tension inherent in her legacy. A justice whose voice was moderating, yet whose votes supported rulings that stirred controversy, Justice O’Connor navigated a delicate balance. The Court’s evolving landscape and the absence of more moderate voices have prompted a reevaluation of her legacy.

Justice O’Connor’s seat, now occupied by Justice Alito, raises intriguing “what ifs.” Had other nominees taken her place, the perception of her legacy might be markedly different. In the ever-shifting dynamics of the Supreme Court, Justice O’Connor’s legacy remains a subject of reflection, capturing the virtues of moderation, compromise, and civility she aspired to, even when those ideals faced challenges.

As we bid farewell to a legal luminary, we delve into the legacy of Justice Sandra Day O’Connor—a legacy defined by events beyond her tenure but forever etched in the annals of legal history.

source: 56. Justice O’Connor’s Complexities – by Steve Vladeck (substack.com)

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