Sandra Day O'Connor: A Justice Who Has Made a Difference in Constitutional Law
January 2001
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Sandra Day O'Connor: A Justice Who Has Made a Difference in Constitutional Law
Charles D. Kelso• and R. Randall Kelso**
TABLE OF CONTENTS
INTRODUCTION 917
THE DECISION-MAKING STYLE THAT JUSTICE O'CONNOR BROUGHT TO THE COURT 917
5/4 OPINIONS WHICH JUSTICE O'CONNOR WROTE FOR THE COURT 920
Federalism 920
Due Process 921
Equal Protection-Affirmative Action 921
Equal Protection-Reapportionment 922
Retroactive Law as a Taking 923
Cruel and Unusual Punishment 924
First Amendment 924
Commercial Speech 924
Establishment Clause 925
IMPORTANT 5/4 CASES IN WHICH JUSTICE O'CONNOR SUPPLIED THE
CRITICAL FIFTH VOTE 926
Jurisdiction 926
Justiciability 926
Commerce Clause 927
Commerce Clause-Section Five of the Fourteenth Amendment 928
Dormant Commerce Clause 929
Due Process 929
Due Process-Fundamental Rights 929
Bowers v. Hardwick 929
Michael H. v. Gerald D 930
Due Process-Abortion 931
Due Process-Right to Refuse Medical Treatment 931
Due Process-Liberty Interests of Prisoners 932
- Professor of Law, University of the Pacific, McGeorge School of Law, A.B., 1946; J.D., 1950, University of Chicago; LL.M., 1962, Columbia; LL.D., 1966, John Marshall; J.S.D., 1968, Columbia.
** Professor of Law, South Texas College of Law, B.A., 1976, University of Chicago; J.D., 1979,
Wisconsin.
915
2001 I A Justice Who Has Made a Difference in Constitutional ww
Affirmative Action in Employment 932
Takings Clause 933
First Amendment 933
Defamation 933
Establishment Clause-Government