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Retired Justice Sandra Day O'Connor: Still Judging After All of These Years
Fourth Circuit Court of Appeals ^ | 3/23/12 | Justice Sandra Day O'Connor

Posted on 03/31/2012 7:14:45 PM PDT by BCrago66

I confess that I respect Justice O'Conner as a person, not so much her jurisprudence (e.g. her pro-abortion stance, and her totality-of circumstances test which gives too much discretion to government.) I like her personal story & work ethic. I know this post of limited appeal, but some might be interested to know that she's been riding the various federal circuit courts for several years now, joining appellate panels across the country. I haven't done a comprehensive study, but I know that includes the 9th, 6th & 4th circuits.

All retired justices can do this, but it's optional, e.g., it looks like Justice Souter has opted out.

Anyway, for those interested, at the link is a page from the 4th Circuit website which in turn links to the audio (mp3's) of 6 recent oral arguments Justice O'Conner participated in. They're mixed in with all other March 2012 arguments, so in the first comment I'll separate out & link these 6 arguments individually.

(Excerpt) Read more at ca4.uscourts.gov ...


TOPICS: Constitution/Conservatism
KEYWORDS: scotus

1 posted on 03/31/2012 7:14:50 PM PDT by BCrago66
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To: BCrago66

3/22/12

Farrar & Farrar Dairy, Inc v. Miller-St. Nazianz, Inc
http://coop.ca4.uscourts.gov/OAarchive/mp3/11-1427-20120322.mp3

US v. Eric Dixon
http://coop.ca4.uscourts.gov/OAarchive/mp3/11-4885-20120322.mp3

US v. Joseph Brunson
http://coop.ca4.uscourts.gov/OAarchive/mp3/11-4071-20120322.mp3

3/23/12

US v. Koorosh Dashtianpoor Roach
http://coop.ca4.uscourts.gov/OAarchive/mp3/11-4118-20120323.mp3

US v. Ugochukwu Enwerem
http://coop.ca4.uscourts.gov/OAarchive/mp3/11-4388-20120323.mp3

William Couch v. John Jabe
http://coop.ca4.uscourts.gov/OAarchive/mp3/11-6560-20120323.mp3


2 posted on 03/31/2012 7:15:45 PM PDT by BCrago66
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To: BCrago66

Still screwing over Arizonans with her goofy, commie lib decisions after all of these years.


3 posted on 03/31/2012 7:20:44 PM PDT by FlingWingFlyer (It's time to WEAN the government off of our money.)
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To: FlingWingFlyer

No, screwing the entire country in federal appeals courts throughout the land :-)


4 posted on 03/31/2012 7:22:25 PM PDT by BCrago66
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To: BCrago66

I still don’t understand why it’s okay for public universities to discriminate on the basis of race so long as it’s only one of many applicable criteria when it can be demonstrated conclusively in certain cases that race made the difference between acceptance and rejection. Then it’s not one among many, my dear ex-justice, but the only criteria. At least as regards particular pairs of candidates.

Has she ever subsequentally tried to make sense of affirmative action, or is it still the old “one criteria among many” and “diversity is good in itself” canards?


5 posted on 03/31/2012 7:28:40 PM PDT by Tublecane
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To: BCrago66
A friend of mine who argued several criminal cases in the US Supreme Court on behalf of the State of Florida described O'Connor as having a snippy manner in asking questions of attorneys during oral argument -- as if she was interrogating errant school boys.
6 posted on 03/31/2012 7:34:51 PM PDT by Rockingham
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To: Tublecane

Can’t defend O’Connor on affirmative action. But as a Justice O’Connor is a mixed case; she has also been a defender of liberty.

See, e.g., her great dissent in the Kelo case (2005):
http://www.law.cornell.edu/supct/html/04-108.ZD.html

But even on the Takings Clause she’s mixed, because one of precedents that made Kelo possible was the terrible Hawaii v. Midkiff (1984), which was her decision:
http://www.law.cornell.edu/supct/html/historics/USSC_CR_0467_0229_ZS.html


7 posted on 03/31/2012 7:38:35 PM PDT by BCrago66
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To: Rockingham

Re your “interrogating errant school boys” remark, a couple minutes into the first case I listed, Justice O’Connor piped up: “Speak up a little more clearly, so we can hear what you’re saying!” She didn’t add, “young man,” but she sounded like she was going to.


8 posted on 03/31/2012 7:44:29 PM PDT by BCrago66
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To: Tublecane
See also: Kagen
9 posted on 03/31/2012 7:46:33 PM PDT by JOE6PAK (The universe is a lot safer if you bring a towel.)
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To: BCrago66

Sandra Day O’Connor is not as liberal as her critics say she is. Admittedly, her record on human life issues left much to be desired, but she was not Earl Warren in a dress. She was excellent on property rights issues and good on states’ rights as well.


10 posted on 03/31/2012 7:49:12 PM PDT by Clintonfatigued (A chameleon belongs in a pet store, not the White House)
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To: Clintonfatigued

On states’ rights, she was on the right side in both Lopez & Morrison, a very big deal.


11 posted on 03/31/2012 7:53:59 PM PDT by BCrago66
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To: BCrago66

I doubt anyone cares, but I was wrong in my first post; turns out Justice Souter has sat for some cases in the First Circuit.


12 posted on 03/31/2012 8:10:31 PM PDT by BCrago66
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To: BCrago66
Biggest mistake Reagan made.

Her insane drivel in Grutter legitimized the unconstitutional affirmative action regime in the colleges, and invented a "compelling state interest" in "diversity"...whatever that is.

The woman's a refugee from the past, and her brains were baked by living too many years in Bowie and Phoenix.

Steam marinating in the Washington D.C. summers didn't help.

13 posted on 03/31/2012 8:17:35 PM PDT by Regulator
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To: BCrago66

Well, he was talking pretty low. :-)


14 posted on 03/31/2012 8:39:57 PM PDT by Republican Wildcat
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To: BCrago66

She has been a disaster in immigration rulings during her moonlighting.


15 posted on 03/31/2012 8:43:17 PM PDT by montag813
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To: BCrago66

One of Reagan’s most glaring failures


16 posted on 03/31/2012 9:05:41 PM PDT by Theodore R. (Past is prologue: The American people have again let us down in this election cycle.)
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To: BCrago66
Some of these remarks remind me of a story told our son by an old friend from law school. It is more amusing to me because I know the judge who made the comment.

Not long after law school graduation, this young lawyer argued a case before a local district judge (over 3 counties). To reenforce his point, the lawyer cited and held up a very recent Supreme Court Decision. The decision was thin and bound with a thickness like Good Housekeeping or some other magazine, not having been out long enough to have been included in a volume of decisions. The judge leaned over his desk, looked down and said"Young man, we do not practice magazine law in_______County."

The judge ruled against the "young man's" client.

vaudine

17 posted on 03/31/2012 9:11:00 PM PDT by vaudine
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To: BCrago66

I wonder how she would vote on Obamacare?


18 posted on 03/31/2012 9:12:05 PM PDT by murron (Proud Mom of a Marine Vet)
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To: murron
I wonder how she would vote on Obamacare?

Three guesses... no, one.

19 posted on 03/31/2012 9:17:14 PM PDT by fwdude
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To: BCrago66

She did get Kelo right, I’ll give her that.
It is the lingering stench of the Kelo ruling that should scare everybody half to death when it comes to Kennedy.


20 posted on 03/31/2012 9:20:01 PM PDT by Lancey Howard
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To: All

I met her and she is personally very pleasant.

The book “Lazy B” she wrote with her brother is a very interesting view on her youth and pre-politics career.

http://www.amazon.com/Lazy-Growing-Cattle-American-Southwest/dp/0375507248

I like my autographed copy....:^)


21 posted on 03/31/2012 11:43:39 PM PDT by az_gila
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To: BCrago66

Remember now,
Sandra Day says it is wrong to criticize judges.
Yeah well a whole passel of sitting judges ought be taken up in some blackhawks to about 5000feet and kicked out with Sandra Day being at the top of the list.


22 posted on 04/01/2012 3:45:25 AM PDT by Joe Boucher ((FUBO) Hey Mitt, F-you too pal)
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To: BCrago66

Reagan was wrong to appoint O’Connor.

He was warned then of how she would rule.


23 posted on 04/02/2012 2:01:41 PM PDT by DNA.2012
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