Reality-based justice

Created
Sun, 03/12/2023 - 02:31
Updated
Sun, 03/12/2023 - 02:31
What a concept The passing of Justice Sandra Day O’Connor, the first woman named to the U.S. Supreme Court, has received a flood of remembrances. But one in particular emphasizes what differentiates her from justices who came later. She was a politician first, “rising to become the majority leader of the Arizona state Senate” (Politico, Peter S. Canellos): In its history, the court has been divided almost evenly between justices whose primary experience was in electoral politics, law practice or academics, with many of the academic-minded justices having spent significant time as judges on federal courts. But over the years the profile of a judicial nominee shifted strongly in favor of scholarly judges. Today, potential Supreme Court justices tend to establish their judicial ambitions at a very early age, often in their 20s, attain lower-court appointments in their 30s or early 40s and thereby position themselves for appointment to the high court before they reach middle age. O’Connor “brought a practicality to the court that most of today’s justices lack,” the Washington Post Editorial Board writes in outlining her contributions as “an avatar of change and progress” who was also “painstakingly centrist.” O’Connor, the Board continues, “was a living argument for thinking beyond the ordinary litmus tests in selecting judges and other powerful officials.” Late in life she confided to a friend, “Everything I stood for is being undone.” That’s because today, with a heaping helping of encouragement and resume-polishing assistance from the Federalist Society (founded the year after O’Connor’s…