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>>w bov ra ou r joisc tsth rs aroiole ofheomsurrt stra o'connor. justice o'connor wa appointed to the supreme court by president ronald reagan on july 7th 1981. th is litun ar. oooo aabmead, one of the here. owners europe politics and prosee th bookstore, and it's my pleasureoon this afteron tohvan sk, uhf e biph bap o tir smert icdr d o'connor. joan has been a reporter forhe -- on the supreme courtowor oursite "cesal qerth shont,d's with "u.s.a. today." she has had a long career of doing this very, very well. i told her as weatk lk isnttingo m hohentte t emurca id bo that she actually had -- was -- her family was kind of a supreme court all ints shs hi jcefin drn fy. erehtngha is'she oldest, so i figured that she was a chief
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justice and she figured if i have to grow up in a court i'l st ihe ieter. nogld bortus tho have the publication of this book than the timehat we're going through now with the nomination process of harriet miers. eobu hadon wo i himd bapfan d nn adt te thwapeo sandra day o'connor, happened t her though she successfully overcame it. but the same thing that is ppgay e inrent re. fi oll t wll sorts of concerns over her stand on artion. she was -- it was little bit ambivalent ofreod ti bner t hean hny fy hein i but where all the objections to her nomination camerom were from the farig icucnus rn oucrng r de o h party. he felt that ronald reagan was throwing awayhe moral majority which was the one that ha pimo oe. e ngerd speayth itushaeobu
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s pe to his right are the ones who are his greatest critics and t ones whohoul boyim son w t at a oter ts nd wmeav heere. thanks. [applause] haouar. dnkoullor ber artda pelyce there are enough family and friends who are redskins fans, bears fans, and pkers fans. i aci young her d ianecynk baaur, si wle i t ifeahe acknowledgements, you will see that she helped checkore than 1,000 citatio whes was t oneleded tionet we m t int cty worked on this for three years so it did work out in terms of timing. i thought i wld explain how i dicomeotehek a jue'cr'ar ac t idoiut so t show, i think -- ibsdents that particularly shaped justice o'connor and i
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el -- incidents that paicully spe justi nn aeeef t . iecr a nha ende wrote to marshall in 1990. this got my attention even though i fst came acrosst re tha a de. thst. icndasse hius'cr' mo i a criminal case dealing with a suspect's right to remain silent. brendaneali tt he fac rungat ce. outairrile ieir randa ruling that could tell those in custody to remain silent. orouldnsweooki tieeor a nt mof ome thas ays tshin thot i 1990, he would quote, concede only what s necessary to prevent vand and the others fm taking over. andhen he went o to sugthitonnay at t jou n e m b forn ca sandra forced my hand by threatening to lead the revotion. for a decade that note rtled around in my head. like most repteho cer eup cou, ho ic'cr a cca inotsebwhen to tte didn't think of her a a
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strategist in the mode of william brendan but apparently he did. on resrcti cok w ban eshe twne p ot ad become. how she came to the court, size it had up and relied on her ability as a permaneutsir ofts foheoiy ro rn i 1sh 1 s bn so. barriers she was the first won elected as a state majority leader, first woman on biganoard fan . ys hn atylan id wngnse game. i didn't intend this to be a traditional biography. when she started i thought she would be on court for a long ti. evheind,ug eouonrt . ie fy cag , she announced that she was retiring, i was among the surpris peep. i was inside her life saying that she will stay,ro idt wtaer n thtldy. idhae wta e dt, o ce. iug w show -- to account for how s was chosen, which, obviously as barbara said is relevt today.
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to accountor howhe en s h siz u inutanec juet iod enirti i 2003 that was thinking about doing this, i hadn't submitted a proposal yet. i was actually working one d i wner cer rvng iat adty t b i said -- madgisty of the law book. i told her that i wn't tryg topsnyghae ul brihe petouis toseef w give meac sess. she kind of brushed me off a little bit. when i did sign a contract, i went back to her and sd, list iaveone t w w aou kn tyo'tano ke ari bapan ter tin'ant to be an authorized biography. an we began an exchange of letters that went over. mont. sotimeshaid t she ulonr sngit athimhed ly n an sai w i'm a sitting judge, i can't cooperate with this. it turned out to be fine because she did not interfere with anybody el wor when sth sr, t the lll b e holue sor interviews. some of her fellow justices
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simply agreed to interviews because she knew me from covering thert othst er s tjoane alyoow d f hensoiowo, u your discretion, which turned out to be more helpful than no not. -- than n. anie rui w rvdefhe bell w,snik thou dhiut juenq, hlf had been the subject of so much media attention through his life said essential, what cice does se? wihal t y a bondel him fouens ie t yoveuens ofheshahi a woman who came to the supreme court knowing how to count votes. i mentioned that she had been a politian, ing firom terrt hehiodeinaz a. e thnltin supreme court who held elected fice and so i think that that had aot to do with how she was able to look at thenstiti w w ableeu inldoyldt ano fe o wn i e rohe vegning she really kept other eye on william brennan 1956, an aptefenr w nd tll
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voou aat thtt ohe san of this book is that her methods were not unique, but they were more consistent, efficientnd te th sas atoee eyavguss t os, t k ofone that we heard in william brennan's note to thorough good marshall refcted that. ansheed herolal sk ietese iz waokbonepi thhohed perience that she brought to washington. it dates to 1971, almost this time of theear. president nixon was facintwo opengs othup c i thal of 1 1 ero -1. arrohe i hh of har land. and back in 1971, there was a push for a fale justice. state senor o'connor at t ti aubnrohat liispt n pasele ess mi interest. she wrote to president nixon on october 21. she is essentially nobody on t tion sce beis bhes g oe -ce shs uheff ws tmm t formf sayinghat i'm confident that your selection will be wise and considered.
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she nes thatsi n ha appni aihare br edavnpld ce td it is my belief that the citizens of this nation would warmly accept the appointment of a woman to premcour she points out in azonahey haveanhete prco adtt av deit a she said, sincerely sand are d. o'connor, arizatate senator. sh in her files in arina whh wease ssell tpp noft g- ipngs d news of what was going on when nixon was looking at his two choices. nixon forwarded the name of ldre lilifa e ju triba asat w adf o r nt ees heveic -ol t -- the oval office, he said that he wanted it. but in the oval ce tin i th tha h le nttw. heay- lsid at d'ttan i'gara. ion't want any of them around. thank god we don't have any in the cabinet. then in crais nix st heait tin osy w m al ha w t. dheeaiet reg.
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by the same i said this project chief just warren berger passed away. i wn't able to confirm it with ch jcege xo thies t lyin wei th dor tixeople threatened to quit if this poor person mildred lily was appointed. as it t, a. te medy pynd atav rrdone pocaov drop the possibility of dropping a woman as a nominee. he addresseso ancehe noti ouiel e h bea ail reis for the harlan seat. i traced where o'connor was that e moment. she was at the newly formed phxtolomio atsnt s i jin s otunhe leat shsees,'sn evy committee that they formed in arizona. and one of t m'sid tehstee na hnt hpt pix annedr ono as a colleague at stanford and they both had practices in phoenix
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and rais their families there in the 1950's and0' xtti onoft figuthi g ntt o pei minated. takes to the floor of the arizona senate to talk about bill renquix. far removed from theolital --on any res aan n bein. shhrer srtix choice. taking the floor of the contrary walnut and marble arizona chr, ein rehui of terint s cry quote appeared to be head and shoulders above everyone else in the class and she is speaking into her hand-held micphone at thme a ses prtiha wsuus ve ond rehnquist didn't have a national profile the twhay other justices had. he -- the way that other justices h. he was first in his c an. cldusks er s bot sodylatl ofile and he was very much vigorously opposed by liberals. but she declares on the arizona senate floor on october 22, ause h y w 4t te t cohiti the possibility of a female
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appointy was not forgotten and she jokes at the end of the speech and said that she wishes tinor s. whergis puhasindaus onehst left arizona to work in the new nixon administration. e asks communityeade i niwret. k tehstad eec i arizona as being against civil rights. he opposed a 1964 anti-discrimination ordan esed astch griolas nisyee hee n t ece policies. vietnam is going on now. and he encouraged more use of wiretaps and other government surveiance but-'crs s o nings,sh i ofyit hiko k hn. he will be a champion for civil rights. so she is keeng track of everything and sending him pies ofng ae inilehstri t sdeeoon acin w done for me in connection with the nomination to the supreme court. i feel that a very effective organizati has been suddenly called io being largely as a re ooung w nhrec
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lawh ivihi juenq iis chrs dtemny of it. you know, i think that he was telling the truth. you figure he wasor tho of you who remember, he waseall oppodte kdy y kn hor i cht u sin and the real action was inashington. he ended up being approved after ducking sort of mini filistery ea8- hs sn jry - se, 68-26. when he was sworn in, jut o'connor was there. -- justice o'connor was there. andn srter s bomes chonpa han helon in2. wgae. arizona was like the last state to turn in any way against richard nixon during watergate and phoen was sit o of hppncn ofha97 ws d fo wgand t s a hensre trowd in phoenix cheering for him. she goes on in 1972 to becom xon' co-ai and tr owehehest maorde tidef asste na foheseut chapter of rehnquist's
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appointment. she gathers her copies of clippis, they didn't have post-its i thoseays, she h rafap leckerus to aor fds to. anees iy an the arizona capital, these files stillre and comprise probably the largest sub set of any topic that she thraups and she put i atohaunt - a e tohaad n at this time in "the arizona republic" in 1971, a disshoveled but grinnin man is standg in a htat aurin ans lngtis-b daer i 1 con eai the nurse at his side said, just think she might some day become a supreme court justice. isit gat tt she clied athere eav eth yoil sn pgu a teiv i mvy hohe cn a what happened then when she arrived at the court and the only thing that i will mention today is t diffence betweow s was en howriieas os thio t pde reki fom st'cronr, to be a justice was screened by so. people before she met with ronald reagan, kentarr, familiar name to lots of people nt o ter home i ana as atanus pant ver
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teofyeerug ooterecn on so of people flew out there to quietly look up the legislation that she sponsored and look up newspaper cppings onerndoof anopesor in rithe id oso nar m etiho bhe president. we know that she was close to her, but the vetting process and the ge plan that proceeded the nomination of sandraay co wifnt t abau atltf ablor hhe b len v nomination of harriet miers. i thought i would mention how sandra day o'connor first greeted the senators when she firsmethemomdt weseen e fzo asta st nog e, w o inou at the time she was on an intermediate state court. she had not gotten to the federalourt t phenhe iz c als sh iolalne picvy atsheo won reagan unveils her and says here is this woman and she will be the first woman and there were questions, as barbara s abouheomnc etohsrotim hak colth et wthens. e eesnsteer tose the meetings to her advantage and she did. she went in, she had notes about
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the senator's favorite projects, she h bp o cotual ahe alelthepo o thrt c w lkutthut t twing what she knew. to be a substantive prelude to the hearings. anthese were some of the notes th they left forer. eypaf the fi b ftl ca oranai t thrcfti sor sh ne vd a replying to specific questions replying to their specific questions with your answers rather it permits the nominee to take the inittindvinc senor heerofhesi's len. shs tt. rykett. t - we all know, she gets approved 99-0. as barbara sd,he most controversy was over abortion and she fedut ho let t sp,ak b stenboam vs. truces her husband her boys and talk about how she performed marriage ceremonies, she is telling t senators this nional tv, sing at iagesouiof r sty veureedo fuhentor- diffuse the anti-abortion crowd and she was able to have facts at her fingertip she was able to put to rst abo coen a s he smert ohehe kl fes ooe up m she formed a special alliance
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with louis powell, as i mentioned earlier he was nominated at the sameim a llnq. he fhml sornenan thor ad. e cnu tatusce brennan and made it a practice never to acknowledge the slites of the justices when -- slights of the justishen the s ofmier fhir . shs a ag l evhi fer so ts -s iow describe it just to remind you what it was like back then. we think of the bench as fairly old. the bench that w how is qu yth imeay coed t bt sto'orne thes tusser wangri wld and old fashioned. majority of them were born in the first decade of the century and now in their 7s. d v aanet rrt theronedut w ceite be. jue llte family, the town is agoing about the first lady justice -- mostly they wonre sas if at tggss tsomd n. reisou fer ifiondw from the conversations back and forth that they put everything in writing up at the court thank goodness. this is what powell sayo
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arhouced wftlehst sabo hheig goppme stsou qualifications it will be good to have a woman on the court. to the outsiders the bath rans looddyer shroher.tiro earniom o emlled hhay w backing away from any kind of tradition. as some of you know,he souvenir that the court giveso lawyers wh uri befe tm all- wrgef t q. 'r itodi thom cgnl share their bathroom was quite reatening. but justice blackman wrote to chief justicerger about this. if're mai o aot tomiisor in oit ieeha ic gxc about inconsequential things, i regard this as one of them. as hugo blk once said, all of these changes around here. he-av mb le wh shs ga. she learned quickly to handle things and as i mentioned earlier, i is not that her uvering wa unie, iwas reec. waretugg. th aly ohel to rry a very professional rival rirks but a
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rivalry none -- a rry ths. i tere faoo as preerhae not been made available to other journalists. justice brennan didn't fee a atitthus co, hepe d thaecze eaon f t sas ik ahi one case from 1985 that justice brenn was caht offguard and it s a first amendment casendtice co doe't lehere i isoi juenn h f icajy ahe i dith s pl. arhe time that justice powell is in minnesota staying at the mayor clinic where he is recering fro er rite aerlebo c ahe i a gevehahi co hut sti a maybe rest it from william brennan. she writes to him. this case has been making its uncertain way through the court for two termsow. m no s theou w ree aayha i rd sfay. rioune t i possibility that the four of us, possibly five, that we can agree on this. byrowhite shode rou t. iow n pin
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j brn. tharveoto w y wan said that this is worth while while to pursue every avenue of agreeme who mi be inis. iughape tho he mdst ens atti plnd u ineni i hay he background a when i looked at justice brennan's papers about this case, he had no idea what was ing on with h and plnd be' - i a v hiayri tus hnlteel liberal that he is worried about the way that the case is going. and justice stevens says that it will all turn out ok. asat eadigut ho ley tee. wao-on w'se. nt come back to an antidote that has to do with the post brennan court. a lot of it looks at her relationship to justicere. iught wld ghi plhahiho le oowus nnn a san w o gheri of an area of law and pull back and we have seen that on abortion and fiative actn in the miigasndmp ioiusol icomec hs rt tewou aow isrtoi tor probably another couple of decades andhis involves
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prisoner appeals. this is an ea thatus nnad h. heetaou shid l i atert ntd iidoe insor death some federal court would come along and second guesshe state court judge. and this dispu aroseust terlareemaom t c. llem o tulh nat es iat1. d pyuily there's a case that he will hear that arose from actual lay break in in west morelanou viia a d thy ctit leon srela o sntendwa cotefnd larceny. it became a good test of when federal court judge could view state courtul bed onutlws sosta pne th nra rt meerndan a felri. the majority of the court agrees that this defendant can't have a hearing and justice rehnquist assist to clanc thos. clce ts, a w k n c t ch nstiec sota tris opinion. and he goes much farther than what everybody agreed on in conference. he write as draft opinion that essentially wou g bet fee s cud r eul wer halesr g en ones.
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he would have reversed things that justice powell todayor. it was a hard line posion. he starts to ccut. jue o'cno w sellt sme to oi because her -- it was a very strange for the time concurrence abo hrong icho is ki pdeou o cxt ismm onomapi. rtoin was that federal courts have a role here. but i thought it was interesting because i thought it showed tuson oll e m t lne ys i o s. thsre tt she wanted to push in. she wanted finality for state courts. but clarence thomas was taking that mh furerndas in bith giowpy icvendla. they say sandra, you're so right it made for some unlikely alances. when i interviewed justice thomas about this, w g toring ip, d i dete bht urs t isha sbo t aihaouef of that. whoa she's a tough cookie. and thene says, they had bn in td
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pp foeand cch t ae p h an whe kid on the block and i was brash and i took it like the rookie football player who getsloered by the libackcomeo n. h inho a o irnt. nktpeso the fact -- nothing made her pull back more than being push. she just would go toherink d baway. heot aisngk abthly t - stal ahi e yoev cnc vand to do anything. nvince sandra to do anying. when she was fac with t hast aro w - w rhetoric, she steps back and we know what happened whe the court reinforced roe v. . heylla tre c s ttire e on w akeoihaur chf her tenure, the legislative branch was polarized, the nation was polarized, and she seed to fi the mide andeveran l e dd aacat ulkes fhe stat llators.
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during one of the interviews that i did have with her before i wrote the book, she brushed of questnsboer ue e t'sye usveeeyot i nstut gag r iene try to persuade by the strength of an argument. she said that she consided herself the right person at the rightendheig p. raremde t oo drs gal mar, fs l l t rue o design. at the end of our interview the one that we had before i started to write the book and she abandod me. at thend ohenterewhe ed tnty tte eoe hhamo caofstiop er tithere a wonderful picture of the day that she was worn in, september 25, 19 . th'rll --98 'rllmi bly ldtndait tharnlhrfst hee w reing to herself william rehnquist, and john paul stevens. she said it is so dfere. whou cnge o jce ch tho c. t ce trt h intnsed i k y . [applause]
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>>asea ir b oulo eio ululao ebo the florida supreme court overthrew the statute the -- the state tried to overthrow the ste laws in flida andt snhereouha chd ulfhe ti neth-ug] >> tsas y didn't ruth bader ginsburg get so. attention? she said that the age o cnt 2 a she a cdarg me oecl >>ho avove ti shor everybo still talks about that. the justices themselves would love to file it away. whenever i do these aearances or talk on the radio people ll u and, whit abbu. g yooo f twha yo bfhahert d ehtng r elyhad the flo supreme court didn't. what he is referring to -- and this is what justice o'connor was so angered about. the floridatatereourt t m o tajyn sue trp i giuroohe laws and went further than they should have gone. the u.s. supreme court in two separate rulings said that they shouldn't have done it. i belvet evebody i stutidh v.eidn t ti yanle evodthte ye ino s a the moment. u.s. supreme court had the same regards for the florida supreme court as you d
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foheloisret o. onher gurer 't mtton h ain she was actually, despite having been a member of the aclu, and been really onhe cti e eneght dotoreup co aoc be oech d llntan nby several members of the senate and they had a lot of respect for her despite what you might be suggesting as a-s ditelil reenon e rreoutad ns, a jce o'or dren ay terms of their personality. but they bame quite good friends on the supreme court. kindf a t there. andhe etet lhaidt te antecdote that i tell. it is hard to get up t spe ther chief justice rehuist ane heserir oon a t caino wri ho w complicated federal pension law and justice ginsburg said, how can he give me this hardpinion to write up and, younow,t'l spernms v jueond,h, juot. juete. stouplng m on. d justice ginsburg loved it.
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she said that is just saundra. >> i'm allen -- >>t't sa. >> illan -- mandell. on page 113 you quote vd's husband as saying that my life has beme vy bennd stic b h poen i'ty horan bee i spe a so deserng but i'm happy for myself and my family because all of our lives have becomeore interesting. sandra'somhm d mese m eye a fr m ian t asid veppni tewn o'connor and did he shed any light onandra day o'connor? >> that's an excellent point that you mak ink wre t werin 95 ten i 30heeruneo wh had mostl traditional marriages and he comes to washington, d.c. with her gives up a thriving practice in phoenix. by the time thatrthi oke lrit t iioter fo onou gsthaep daily journal since president reagan nominated her in 11. so as you can imane, i would have loved t heeeble t ck abe h
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ttomsiro. ase tko hs and brother and sister,ut alas no. thank you. >>merawfemi cedhaou c s jueons jprce byinal depends so you lose. ovally he wasn't a great fan of -- obviously he wasn'reat o h whyo mf deon b f iv jce sa withinhe court is one of her greatest critics about this kind of fact intensive approach to t law at lvepe f l c ju aittsre i lng to a dootowotrism believes that sweeping
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