Changes

Jump to navigation Jump to search
539 bytes added ,  20:04, December 3, 2023
In three precedent-setting liberal decisions, Justice O'Connor was the swing vote who joined the bloc of 4 liberal justices in order to overcome four conservative justices
Line 24: Line 24:     
Justice O'Connor advocated the use of balancing tests, often weighing the state interests against the individual rights. Often her balancing tests would have multiple parts or prongs, and arguing what would tip the balance to one side or the other became a complex exercise in brief-writing by attorneys before the [[U.S. Supreme Court]] who focused almost entirely on her philosophy. Almost none of the other Justices embraced this philosophy, and its significance was limited to cases in which her vote was the pivotal swing vote, such as on [[abortion]] and the [[Establishment Clause]].
 
Justice O'Connor advocated the use of balancing tests, often weighing the state interests against the individual rights. Often her balancing tests would have multiple parts or prongs, and arguing what would tip the balance to one side or the other became a complex exercise in brief-writing by attorneys before the [[U.S. Supreme Court]] who focused almost entirely on her philosophy. Almost none of the other Justices embraced this philosophy, and its significance was limited to cases in which her vote was the pivotal swing vote, such as on [[abortion]] and the [[Establishment Clause]].
 +
 +
In three precedent-setting [[liberal]] decisions, Justice O'Connor was the swing vote who joined the bloc of 4 liberal justices in order to overcome four [[conservative]] justices:
 +
 +
*''Mississippi University for Women v. Hogan'' (1982)<ref>https://www.law.cornell.edu/supremecourt/text/458/718</ref>
 +
 +
*''Davis v. Monroe County Board of Education'' (1999)<ref>https://www.law.cornell.edu/supct/html/97-843.ZS.html</ref>
 +
 +
*''Jackson v. Birmingham Board of Education'' (2005)<ref>https://www.law.cornell.edu/supct/html/02-1672.ZS.html</ref>
    
Upon Justice O'Connor's retirement in 2005, [[Ann Coulter]] published a column entitled "Reagan's Biggest Mistake Finally Retires."<ref>https://humanevents.com/2005/07/07/reagans-biggest-mistake-finally-retires/</ref>
 
Upon Justice O'Connor's retirement in 2005, [[Ann Coulter]] published a column entitled "Reagan's Biggest Mistake Finally Retires."<ref>https://humanevents.com/2005/07/07/reagans-biggest-mistake-finally-retires/</ref>
Anthony, Irenaeus, Siteadmin, apieditor, Bureaucrats, Check users, nsAm_Govt_101RO, nsAm_Govt_101RW, nsAm_Govt_101_ta, nsJudgesRO, nsJudgesRW, nsJudges_talkRO, nsJudges_talkRW, nsTeam2RO, nsTeam2RW, nsTeam2_talkRO, nsTeam2_talkRW, oversight, Administrators
126,644

edits

Navigation menu