Sandra Day O'Connor

Justice Sandra Day O’Connor just died. It seems poor form to criticize the departed. But she might as well have participated in Dred Scott v. Sanford, the worst decision the Supreme Court ever handed down and one of the triggers for the Civil War, because her vote was crucial to another decision just as bad. O’Connor, Rehnquist, Thomas, Scalia, and Kennedy all voted to substitute their presidential preferences for the election results in 2000. It has been standard and proper for courts to conduct recounts when elections are challenged and enough votes are at issue to change the result. The Florida Court was doing that. And they were doing it the right way – recounting the whole Florida vote by a single set of rules. But this group of so-called justices decided it was OK to take the election into their own hands lest Mr. Bush be embarrassed by the results – Scalia was quite explicit about it but there was no other real explanation.

Since the Supreme Court ended its session in June, all eyes are on Justice Stephen Breyer. If he were to retire, it would give President Joe Biden a…

Sandra Day O’Connor made history as the first woman on the US Supreme Court. But women have been considered for the court since the 1930s.Today on the…