The O'Connor Court: America's most powerful Jurist by Jeffrey Rosen

Diane J.

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"The O'Connor Court: America's most powerful Jurist" by Jeffrey Rosen

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Thèmes abordés

Commentaire, O'Connor, Supreme Court, Justice, United States, Etats-Unis

Lecture
Résumé
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Extraits

Résumé du document

This is an article written by Jeffrey Rosen, who is a law professor. It's a slightly critics article in which he tries to show the advantages Justice O'Connor brought to the Court and it also strongly criticizes her decision-making process, her view of the Court in general, he particularly criticizes the paradox between judicial restraint- which she said herself that she was applying- and what she really did, which he calls judicial imperiousness and which is totally the opposite of what anybody would do.
Anyway, the whole article is constructed around one statement: he says that "O'Connor is the most powerful woman in America", and he intends to answer to the question of how she achieved this distinction.

Sommaire

Introduction
How it influenced her role as the Swing vote of the Supreme Court
1. The notion of Swing vote
2. The use of narrow and minimalist opinions
The influence on her decision-making
O'Connor's Conservatism
1. A 'less socially conservative' than her Republican peers
2. A 'committed anti-government conservative' and federalist
Conclusion

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Extraits

[...] Another discussion that could be opened is the fact that O'Connor could have been influenced in her decision process by the fact that she is a woman. The main idea is that it has much less influenced her than being a legislator, but the question can still be put forward. Here I will give 2 ex: *It was suggested by one of her former clerk, that people related more easily to her partly because she was a woman. was also suggested by several commentators that Justice O'Connor's opinion were written in a “distinctively femine voice, that O'Connor's. [...]

[...] A “less socially conservative” than her Republican peers II. Her moderate position on Abortion III. The “Undue burden” Standard (Undue: unwarranted or inappropriate because excessive or disproportionate - Burden: heavy load ) B. A “committed antigovernment conservative” and federalist 1. O'Connor, leader of the Federalism Revolution 2. The illustration of Bush v. Gore CONCLUSION (Criticizing O'Connor's view of the Courts / Connor as a Woman INTRODUCTION Biographical elements- Sandra Day O'Connor was born and raised in the West in a Ranch. [...]

[...] The O'Connor Court: America's Most Powerful Jurist by Jeffrey Rosen: A comment Sandra Day O'Connor (Retired), Associate Justice, was born in El Paso, Texas, March She married John Jay O'Connor III in 1952 and has three sons - Scott, Brian, and Jay. She received her B.A. and LL.B. from Stanford University. She served as Deputy County Attorney of San Mateo County, California from 1952–1953 and as a civilian attorney for Quartermaster Market Center, Frankfurt, Germany from 1954–1957. From 1958–1960, she practiced law in Maryvale, Arizona, and served as Assistant Attorney General of Arizona from 1965–1969. [...]

[...] Her decision-making process and her notable characteristics When the court was in session, O'Connor would usually meet with her clerks on Saturdays to discuss the case she was going to consider during the week in oral arguments, and unlike her peers (who would make these discussions “freewheeling debates about the these were formal discussions. The author actually compares them to a “senator receiving briefings from her staff”. Like a legislator, she was an “active questioner”, “genuinely open- minded” and would be very influenced by arguments about the practical effects of a decision”.Then, once her mind was made up, she really made efforts to try and keep options open”. [...]

[...] The important influence of O'Connor's past experience as a State legislator A. How it influenced her role as the Swing vote of the Supreme Court 1. The notion of Swing vote 2. The use of narrow and minimalist opinions B. The influence on her decision-making . O'Connor's important character traits . Is there Indicisiveness or Decisiveness to O'Connor? 1. [...]

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