Justice O’Connor’s conflicted judicial legacy

Last Friday, retired Justice Sandra Day O’Connor died at the age of 93. Justice O’Connor was the first woman to sit on the nation’s highest court, nominated and appointed in 1981 by President Ronald Reagan . She served on the court until January 2006, when she was replaced by Justice Samuel Alito .

O’Connor will always have an elevated reputation through her breaking the gender barrier to the Supreme Court . All subsequent women on that court — Ruth Bader Ginsburg, Sonia Sotomayor, Elena Kagan, Amy Coney Barrett, and Ketanji Brown Jackson — stand on her shoulders.

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We also must judge her based on her judicial career. Did she commend herself to history in the votes she cast and the opinions she composed? Justice O’Connor’s judicial tenure presented at best a mixed bag on this front, especially for political conservatives and judicial adherents to originalism or textualism.

First, let us commend the good. She provided key votes to restore some judicial protection for state power. These votes........

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