The Volokh Conspiracy
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Justice O'Connor and If
I haven't had anything to say on occasion of the death of Justice O'Connor; there just doesn't seem to be anything to add beyond what others have said. (I particularly recommend Jonathan Rauch's remembrance and reflection.) But I did notice that Bishop Mariann Edgar Budde's homily at the funeral quoted Justice O'Connor's speech in honor of one of her Stanford professors (Harry Rathbun), which in turn quoted Rudyard Kipling's If.
The Bishop thought the poem gave some insight into the Justice's character, and I think she was correct. Plus, it's a great poem; here's the excerpt that Justice O'Connor had included in her speech:
If you can keep your head when all about you
Are losing theirs and blaming it on you,
If you can trust yourself when all men doubt you,
But make allowance for their doubting too;
If you can wait and not be tired by waiting,
Or being lied about, don't deal in lies,
Or being hated, don't give way to hating,
And yet don't look too good, nor talk too wise:If you can dream—and not make dreams your master;
If you can think—and not make thoughts your aim;
If you can meet with Triumph and Disaster
And treat those two impostors just the same;
If you can bear to hear the truth you've spoken
Twisted by knaves to make a trap for fools,
Or watch the things you gave your life to, broken,
And stoop and build 'em up with worn-out tools: …If you can talk with crowds and keep your virtue,
Or walk with Kings—nor lose the common touch,
If neither foes nor loving friends can hurt you,
If all men count with you, but none too much;
If you can fill the unforgiving minute
With sixty seconds' worth of distance run,
Yours is the Earth and everything that's in it,
And—which is more—you'll be a Man, my son!
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Sounds sexist.
If you can forget Justice O'Connors' conniving role in hatching the capital crime of that shameless power grab known as "Bush v. Gore", well, you're not a Democrat. An article by Joan Biskupic that appeared earlier this year shows how O'Connor circulated a draft opinion BEFORE oral arguments giving a specious rationale that would allow the federal Supreme Court to seize control over Florida state law and ultimately hand George Bush the presidency. Yes, I'm sure Sandra O'Connor was a charming and generous person. But she was also a shameless partisan. Bush v. Gore was not quite a Jan. 6. But it's "interesting" that five Republicans on the Supreme Court were so anxious to bend the U.S. Constitution into a pretzel on behalf of a candidate who had half a million fewer votes than his opponent. Bush v. Gore will go down as the least principled of the major Supreme Court decisions in U.S. history. Yes, the Dred Scott decision, and Plessy v. Ferguson and Roe v. Wade were "worse" in many ways, but the justices who voted with the majority in each one "honestly" believed they were applying correct principles of law. They weren't just running a shell game to keep their guys in office.
Your comment sounds insurrection-y.
Sounds like you don't actually know much about Bush V Gore.
You sound like you don't know anything about it. In 2013, O'Connor told the editorial board of the Chicago Tribune that "maybe we should have stayed out of it." Why would she say that of a decision that she crafted herself, unless she knew it was a lie to begin with? In classic "moderate Republican" fashion, she tried to have it both ways--committing the crime but saying it was all a shame afterwards.
Sandra O'Connor should be remembered, as a Supreme Court justice who lied to the American people for partisan gain.
What kind of stupid argument is that?
A bunch of Dems try to go off on their own and decide against higher authorities how to run an election because their favored candidate didn't win? Hmmm...didn't some people get into a ton of trouble for allegedly doing that just recently and the story is they're literally full on rebels like the Confederates...yet when the Dems do it they're hailed as heroes?
I think the poem fits Brennan more than it does O’Connor.
It certainly does not fit Douglas, Scalia or Burger.
Then and especially now the perception is that the proper place for an educated woman is to be far left. Reagan and O'Connor bucked that trend by being moderate left. So in that sense she was a renegade. And it becomes apparent just how against the grain she was since the silence in pop culture for her, the true first female SC justice, who would otherwise be feted left and right merely for that characteristic; is deafening next to the celebration RGB gets from the blue checks and Holyweird.
"Bishop Mariann Edgar Budde"
What a joke...
Loved the Soprano's episode where the 2 knuckleheads robbed Sal's poker game and the one wiseguy started quoting Kipling.
If there was any instance in Court history where someone failed to keep her head while all about her were losing theirs, it was Sandra Day O’Connor with Bush v. Gore.
The Gore campaign took it all the way up to the Supreme Court and then when that failed had his surrogates poison the narrative with how Bush 'stole' the election ever after which is the opposite of graciously falling on his own sword and not fighting on for the good of the country myth that you guys spread.
No, it was the Bush campaign that went running to federal court.
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Every word of that is a lie. Bush, not Gore, took it to the Supreme Court, and when Gore lost he immediately conceded.
Okay Gore demanded manual recounts and bullied the FSC but technically Bush went to the SC first and Gore continued to fight it out instead of graciously conceding like you claim. My bad.
Gore “bullied” the Florida Supreme Court?? End of conversation.
Gore conceded when he had no other choice. The fact that you guys are bellyaching even now about SDO shows you haven't gotten over 2000 any more than Trumpsters have gotten over 2020. Is there a difference between openly not conceding or appearing to concede but skulking around behind the scenes and doing everything you can for decades to convince everyone you won but were cheated and thus your opponent is illegitimate? Maybe but not in the direction that makes you look like the honorable one.
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Obviously that's not true; he had another choice. He could've refused to concede, filed frivolous suits based on fabricated affidavits, and then incited a mob to attack the Capitol to prevent Bush's win from being certified. And, of course, since he himself was the vice president, he could've claimed the authority to throw out Florida's electoral votes and declare himself the winner.
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That may indeed be how the disaffected, hyperpartisan clingers at this white, male, hard-right blog see it.