Sandra Day O'Connor and Gender Influenced Jurisprudence

By Nicole Richardson, published Jan 03, 2008
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In 1980 Ronald Reagan made a campaign promise to appoint a woman to the Supreme Court. On August 19, 1981 he fulfilled his promise and nominated Sandra Day O'Connor without any congressional opposition (Cushman 249). Feminists and Republicans viewed this appointment as a victory for their causes. Feminists believed that a woman on the court would support the feminist agenda because she was a woman, and could understand gender discrimination and issues such as the right to abortion differently from the male justices. Conservatives believed that a Republican woman on the court would support the conservative agenda because she believed in the conservative ideology, and could understand the importance of morals. Each side expected the first woman on the Supreme Court to advance their agenda, and they criticized O'Connor when she did not meet their expectations (Cushman 250). O'Connor was criticized for not following a distinctly feminist or conservative jurisprudence. Instead she had her own unique jurisprudence which epitomized moderation. This was influenced by her conservative political affiliation and her gender. The conflicts between the conservative and feminist aspects of her identity have often made her the moderate and swing voter on many important cases, especially those which dealt with abortion rights and restrictions.

Takeaways
  • According to Gilligan's theory, women are psychologically different than men.
  • O'Connor adds a different voice to the Supreme Court because she is influenced by her feminity.
  • O'Connor's gender infuenced jurispurdence can be seen in her opinions on specific abortion cases.
Did You Know?
The first time the court faced pressure to reexamine Roe v. Wade, the swing vote belonged to the only justice that had given birth--Sandra Day O'Connor.
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Cool :)

Posted on 01/23/2008 at 5:01:34 PM

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