For example, MCRI would undermine the ability of the University to maintain a diverse student body and essentially overturn the rulings that O’Connor’s opinions were so crucial in deciding. The strength of O’Connor’s legacy will be decided by the future makeup of the bench and pending legislation. She affirmed previous precedent that an institution can pursue affirmative action for the purpose of encouraging diversity because it internally enhances the quality of the institution, and she stated that diversity was also worth actively promoting because of the external good it provides to society.īecause of the divided nature of many of these decisions, whether they will hold upon her retirement is now up in the air. In the majority opinion, she not only supported the right for the University to use affirmative action, but she also broadened the concept of diversity. Bollinger, one such 5-4 decision, was crucial in upholding the University’s right to practice a race-based admissions policy. Her opinions played an decisive role in numerous decisions - she was the deciding vote in more 5-4 split decisions than any other justice on the court. Bush’s choice of the next justice and the effects of future legislation will be the real determinant of how O’Connor’s legacy will be carried out - whether her decisive opinions that supported abortion rights, affirmative action and separation of church and state will hold for generations or be overturned in only a few short years by a far more conservative court.ĭespite her appointment as a conservative justice, O’Connor’s opinions were unpredictible because she separated ideology from constitutional interpretaion, and she has been praised by people of all political leanings for her level-headed rationale. Potential state legislation like the pending Michigan Civil Rights Initiative could eventully overrule many of her landmark decisions, also chipping away at the opinions she gave. ![]() ![]() ![]() It is a tense moment, particularly for Democrats, who cringe as they wait for President Bush to nominate her replacement, wondering just how far to the right he will dare to go. As terms like “pragmatist” and “swing vote” are tossed around by legislators, reporters and the general public, the real question remains what her actual legacy will be. Supreme Court Justice Sandra Day O’Connor announced her retirement Friday, sparking rampant speculation about her successor as well as countless media tributes to her 24 years on the court.
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