Justice O’Connor Shares Her Heritage
[Guest post by DRJ
Retired Justice Sandra Day O'Connor was known as a swing vote during her years on the Supreme Court. Yesterday, at a new Texas Tech School of Law lecture series named in her honor, she spoke about her upbringing and her perspective on the law and the Court:
"She grew up the daughter of a cattle rancher in a land of endless horizons, where stars in the night sky felt close enough to touch, she said. Sandra Day O’Connor, 77, returned to the southwest Friday. This land, she told an audience of thousands at the United Spirt [sic] Arena, laid a foundation for her tenure as an associate justice of the U.S. Supreme Court.
O’Connor — the first woman to be appointed to the high court — earned a reputation as a centrist during that quarter-century appointment.
“I treasure my link with the arid Southwest,” said O’Connor, who was raised on a ranch that straddled New Mexico and Arizona and was schooled in El Paso. “The solutions we reached on the ranch had to be practical. They didn’t have to be beautiful. They had to work,” she said. “Maybe, just maybe that’s a little bit of what I brought to the court,” she said.
O’Connor came to Lubbock Friday as the first guest of a new Texas Tech School of Law lecture series named after her. She spoke to law students in the afternoon and to residents in the evening. In her evening lecture, she stressed her identity as a West Texan and her strong faith in democracy and the rule of law. “Our best hope for world peace comes from democracy and the rule of law,” she said.
Democracy she said cultivates tolerance and diversity while combating isolation and violence. But threats to the ideology abound: Terrorism, strife between religious and ethnic groups, war, human rights abuses, she said.
Americans should protect their way of life by remembering the three branches of government must be balanced and the judicial branch must be free to operate without encroachment from the executive and legislative branches, she said. “It’s all too easy to confuse democracy with the simple right to vote,” she said.”
Justice O’Connor also stressed the need for “mandatory civics and history courses in public schools” and emphasis on teaching how government works. She also believes leaders in Washington should spend more time “building friendships” and engaging in thoughtful deliberation.
This meshes with my impression of Justice O’Connor’s tenure on the Court – courteous, caring, willing to engage with other Justices, a believer in America and democracy, and a Justice who looked for pragmatic as well as intellectual solutions.
The vast, arid desert of West Texas and Southern Arizona and New Mexico where Justice O’Connor grew up is an unforgiving environment where people quickly learn the value of helping others and finding solutions (however imperfect) to hard problems. I’ve noticed this pragmatic approach in many people from the desert Southwest, including President Bush. Perhaps all people share these traits, or maybe environment makes a bigger difference than we think.
– DRJ
“the judicial branch must be free to operate without encroachment from the executive and legislative branches”
Indeed. But the executive and legislative branches must be equally free to operate without encroachment from the judicial branch. Sometimes I think she begs the question of what is “encroachment.”
Comment by DWPittelli — 11/17/2007 @ 1:28 pm
Good point.
Comment by DRJ — 11/17/2007 @ 1:33 pm
“…maybe environment makes a bigger difference than we think.”
I believe that people who live and work in severe environments where you can’t call the AutoClub to start your car (example), develop a self-sufficiency that just is not found (on average) within people who grow up and live in more urban areas. Witness the fascination with the shows on the History Channel on “dangerous jobs”. Working next to the fury and possible finality of Mother Nature, is an educational experience in survival.
Justice O’Conner’s thoughts on her jurisprudence as practical, but not neccessarily pretty is interesting. I am sure that many would agree that some of her work is not pretty. And, that some will argue that it wasn’t too practical either.
Comment by Another Drew — 11/17/2007 @ 4:40 pm
I’m sure Justice O’Conner is a lovely person with many good qualities, but I can think of few people who have done more to undermine the rule of law. Her opinions may have been “pragmatic” in some sense, but they were quite literally unprincipled, and contrary to the text and structure of the Constitution and laws she was supposedly applying and construing. She not only was responsible for improperly augmenting the power and authority of the judicial branch, but for enhancing the power and authority of the federal government as a whole, at the expense of state and local government, and more importantly, at the expense of individual rights.
Comment by Tim K — 11/18/2007 @ 6:15 am
seconding tim k. also…
i’ve noticed this pragmatic approach in many people from the desert southwest, including president bush…
wow, you would have to be on acid to say something like that. president bush spent most of his formative years in a hotel in washington d.c. when he wasn’t at kennebunkport. at least lyndon johnson was an authentic texan with a real ranch. bush is a big belt buckle/small peter texan.
Comment by assistant devil's advocate — 11/18/2007 @ 8:04 am
That’s interesting, ADA, since we lived in the same neighborhood (10 years removed) until middle school. I had no idea I grew up in Washington DC and Kennebunkport.
Comment by DRJ — 11/18/2007 @ 8:26 pm
This as a sidenote re O’Connor – whether she may or may not have been lacking while an active Justice, she currently in her private life is clearly living her philosophy,
“The solutions we reached on the ranch had to be practical. They didn’t have to be beautiful. They had to work,” she said.
And this time it is nothing less than selfless and beautiful.
http://www.foxnews.com/story/0,2933,311556,00.html
Comment by Dana — 11/19/2007 @ 7:21 am
“Perhaps all people share these traits, or maybe environment makes a bigger difference than we think.”
-DRJ
Oh, it does. It makes a big difference.
A huge difference.
Comment by Leviticus — 11/19/2007 @ 2:10 pm
gargantuan, even…
Comment by Leviticus — 11/19/2007 @ 2:10 pm
Levi,
Are you referring to nature vs nurture, or environment as in terrain, weather, etc.?
Comment by DRJ — 11/19/2007 @ 2:43 pm
I once spent a couple hours with her at an event in New Mexico and can attest to your notion that “the value of helping others and finding solutions” is part her DNA.
“No Country For Old Men,” Joel and Ethan Coen’s new movie set in Odessa, El Paso and Albuquerque – commendably reflects the same ethic.
Comment by steve — 11/19/2007 @ 3:05 pm
Steve,
That sounds like an interesting Justice O’Connor encounter. I’d like to hear it.
I read Texas Monthly’s review of the Coen Brothers’ movie last night. It was favorable although it bemoaned the fact that not many scenes were filmed here. The same issue had an article about Jenna Bush and she mentioned her fiance was surprised at the differences between people in Texas and where he grew up. Of course, it didn’t say he was pleasantly surprised!
Comment by DRJ — 11/19/2007 @ 4:37 pm
DRJ,
Both, since you asked, but the latter in the context of this post.
Nothin’ like a perpetual drought to spur creative cooperation.
Mostly, I was referring to the fact that I’m from New Mexico, and I rock.
Comment by Leviticus — 11/19/2007 @ 5:50 pm
I love New Mexico, Levi. It’s the best investment Texas ever made.
I’m totally kidding – I know how Texans annoy New Mexicans because I used to live in Hobbs.
Comment by DRJ — 11/19/2007 @ 6:20 pm