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]]. |