Sisters in Law (43 page)

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Authors: Linda Hirshman

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124 legislature too long: Interview, O'Connor, Arizona History Project, January 31, 1980.

124 responded, “you could”: Biskupic,
Sandra Day O'Connor
, 52.

124 “never one of the boys”: Ibid., 63, citing Kohn, “Front and Center.”

124 ordinary criminal trials: Ibid., 64–65.

124 human emotions and experiences: Ibid., 65.

125 “Ogg/judicial Miller Time”: Rosenblatt interview, February 7, 2014.

CHAPTER
10
: WELCOME JUSTICE O'CONNOR

126 married “wealthily”: Shakespeare,
The Taming of the Shrew
, Act I, scene 2, “Wive it wealthily,” technically.

126 advisor to Richard Nixon: Joe Holley, “Leading Texas Republican Anne Armstrong,”
Washington Post
, July 31, 2008, http://www.washingtonpost.com/wp-dyn/content/article/2008/07/30/AR2008073002605.html.

126 it was Armstrong he asked: Biskupic,
Sandra Day O'Connor
, 56.

126 special assistant for women: Ann Wood, “Pat Lindh Says She ‘Nags a Lot' as Special Assistant to President,”
Toledo Blade
, November 17, 1975, http://news.google.com/newspapers?nid=1350&dat=19751117&id=BQ9PAAAAIBAJ&sjid=QgIEAAAAIBAJ&pg=7176,4753121.

127 William O. Douglas in 1975: Janet M. Martin,
The Presidency and Women: Promise, Performance, and Illusion
(College Station: Texas A&M University Press, 2003).

127 spice up his social life: The story of the whole trip is from John and Gail Driggs, interview with the author, January 25, 2014.

129 his Republican opponent: Paul Rosenblatt, interview with the author, February 7, 2014. Babbitt apparently denies this; see Biskupic,
Sandra Day O'Connor
, 68.

130 “these things were making”: Penny Clark, interview with the author, December 27, 2013.

130 men the Republican: Biskupic,
Sandra Day O'Connor
, 70. Biskupic tells the story of O'Connor's nomination and confirmation in painstaking detail in chapter 5.

130 yields social change: In 1992, Bill Clinton casually tossed off a commitment to stop the United States driving gay soldiers out of the military. Linda Hirshman,
Victory: The Triumphant Gay Revolution
(New York: HarperCollins, 2012), 22.

130 campaign advisor Stuart Spencer: “Interview with Stuart Spencer,” 2005, Ronald Reagan Oral History, Miller Center, University of Virginia,
http://millercenter.org/president/reagan/oralhistory/stuart-spencer.

131 getting her on the list: Ann Carey McFeatters,
Sandra Day O'Connor: Justice in the Balance
(Albuquerque: University of New Mexico Press, 2005), 11–12.

131 right-to-life activists in Arizona: Goldwater to “each of the family,” Goldwater correspondence, May 14, 1980, Personal and Political Papers of Senator
Barry M. Goldwater, Arizona State University Libraries Arizona Collection; Biskupic,
Sandra Day O'Connor
, 85.

131 Reagan's own hand: Biskupic,
Sandra Day O'Connor
, 77–78.

132 foot in the door: “The only problem I ever had,” she told an interviewer in 1980, “was in obtaining employment initially,” from transcript of the Arizona historical society interview, 10.

132 O'Connor's house: McFeatters,
Sandra Day O'Connor
, 12–13.

132 he told his team: Biskupic,
Sandra Day O'Connor
, 77.

132 never heard of the nominee: Mike Sacks, “Women Supreme Court Justices Celebrate 30 Years since Court's First Female,”
Huffington Post
, April 11, 2012,
http://
www.huffingtonpost.com/
2012
/
04
/
11
/supreme-court-women-justices_n_
1419183
.html.

133 prepare her for her hearings: Ruth McGregor, interview with the author, January 23, 2013.

133 John Driggs got a call: John and Gail Driggs, interview with the author, January 25, 2014.

133 her short-term memory: Biskupic,
Sandra Day O'Connor
, 91.

134 advocacy of the Equal Rights Amendment: Ibid., 86–96.

134 when there clearly was: Ibid., 84.

134 steadfast silence: Ibid., 96–97.

134 women and the judiciary: Lynn Hecht Schafran, “Sandra O'Connor and the Supremes,”
Ms.
, October 1981.

134 experience of discrimination: Virginia Kerr, “Supreme Court Justice O'Connor: The Woman Whose Word Is Law,”
Ms.
, December 1982, 52; Margaret A. Miller, “Justice Sandra Day O'Connor: Token or Triumph from a Feminist Perspective,”
Golden Gate University Law Review
15 (2010): 493–525, http://digitalcommons.law.ggu.edu/cgi/viewcontent.cgi?article=1373&context=ggulrev.

135 “good many problems”: Burger Memorandum to the Conference, September 22, 1981, Lewis F. Powell, Jr. Archives, Washington and Lee University School of Law.

135 the new nominee: O'Connor, family letter, October 8, 1981.

135 attend her ascension: Paul Rosenblatt, interview with the author, February 7, 2014.

135 “I did not want to be the last”: “Justice Sandra Day O'Connor Visits Duke Law,”
Duke Law News
(website),
http://law.duke.edu/features/news_oconnor/
(accessed November 18, 2014).

136 O'Connor hates mess: Dahleen Glanton, “O'Connor Questions Court's Decision to Take On
Bush v. Gore
,”
Chicago Tribune
, April 27, 2013,
http://articles.chicagotribune.com/
2013
-
04
-
2
7
/news/ct-met-sandra-day-oconnor-edit-board-
20130427
_
1
_o-connor-bush-v-high-court.

136 “watch over Sandra”: Mary-Audrey Weicker Mellor to Powell, July 8, 1981, Lewis F. Powell, Jr. Archives, Washington and Lee University School of Law, correspondence.

136 apartment in the Watergate: “A Tribute to Lewis F. Powell, Jr,”
Washington
and Lee Law Review
56 (1999): 6,
http://scholarlycommons.law.wlu.edu/cgi/viewcontent.cgi?article=
1532
&context=wlulr.

136 find her place in her notes: Ruth McGregor, interview with the author, January 23, 2013.

136 “partly through your eyes”: O'Connor to Powell, November 15, 1982, Lewis F. Powell, Jr. Archives, Washington and Lee University School of Law.

137 “Pebble Beach Corp and Aspen Corp.”: O'Connor to Powell, May 25, 1984, Lewis F. Powell, Jr. Archives, Washington and Lee University School of Law.

137 would not have women as members: Lynn Hecht Schafran, testimony at the confirmation hearing,
http://www.gpo.gov/fdsys/pkg/GPO-CHRG-OCONNOR/pdf/GPO-CHRG-OCONNOR-
4
-
24
-
2
.pdf.

137 behavior of the PVCC: “Paradise Valley Country Club,”
A People's Guide to Maricopa County
(website), May 2, 2011, http://peoplesguidetomaricopa .blogspot.com/2011/05/paradise-valley-country-club.html.

138 could not be reached for comment: “Senators Decry ‘Racism' of Exclusive Country Club,”
Prescott Courier
(Associated Press), April 3, 1990, http://news.google.com/newspapers?nid=886&dat=19900803&id=bQtTAAAAIBAJ&sjid=woEDAAAAIBAJ&pg=4272,278272.

138 And the Ginsburgs left: “Ginsburgs Say Clubs Scored Poorly in Conscience,”
Orlando Sentinal
(
Washington Post
), June 20, 1993, http://articles.orlando sentinel.com/1993-06-20/news/9306200267_1_martin-ginsburg-harvard-club-country-club.

138 or hurt them: Ruth McGregor, Preliminary Memorandum, October 30, 1981, Lewis F. Powell, Jr. Archives, Washington and Lee University School of Law,
Hogan
case file.

139 male-only draft registration:
Rostker v. Goldberg
, 453 U.S. 57 (1981);
Michael M
. v. Superior Court of Sonoma County
, 450 U.S. 464 (1981).

139 never had trouble making decisions: Stephen Gilles, interview with the author, March 28, 2014.

140 Mississippi schools: “School Desegregation,”
West's Encyclopedia of American Law
(2005),
http://
www.encyclopedia.com/topic/School_integration.aspx.

140 working skills such as farming: Jill Elaine Hasday, “The Principle and Practice of Women's ‘Full Citizenship': A Case Study of Sex-Segregated Public Education,” University of Chicago Public Law and Legal Theory Working Paper no. 35 (2002), http://chicagounbound.uchicago.edu/cgi/viewcontent .cgi?article=1333&context=public_law_and_legal_theory.

140 “drawing, painting, designing, and engraving”: Ibid.

140 weapon against racial integration: Ibid.

140 living room window: Birney Imes, “Joe Hogan's Legacy,”
The Dispatch
, March 14, 2009, http://www.cdispatch.com/opinions/article.asp?aid=678&TRID=1&TID=.

140 away from black men: Hasday, “Principle and Practice.”

140 the Mississippi establishment: Wilbur Colom, e-mail to the author, November 11, 2014.

140 “the traditional fear”: Ibid.

141 “‘procedures in social situations'”: John Wiley to Powell, Lewis F. Powell, Jr. Archives, Washington and Lee University School of Law,
Hogan
folder.

141 “benefit of unisex schools”: Powell notes on conference votes, Lewis F. Powell, Jr. Archives, Washington and Lee University School of Law,
Hogan
folder.

144 is just fashion: Powell memo to file, Lewis F. Powell Jr. Archive, Washington and Lee University School of Law,
Hogan
folder.

144 “proud and respected reputation”: Powell memo to Wiley, Lewis F. Powell, Jr. Archives, Washington and Lee University School of Law,
Hogan
folder.

145 one or two lynchings: Avis Thomas-Lester, “A History Scarred by Lynchings,”
Washington Post
, July 7, 2005, http://www.washingtonpost.com/wp-dyn/content/article/2005/07/06/AR2005070600637.html.

145 “every other school or department”: Burger to Powell and Powell to Burger, June 22, 1982, Lewis F. Powell Jr. Archive, Washington and Lee University School of Law,
Hogan
folder.

145 “the entire university”: Powell, revised draft dissent, June 25, 1982, Lewis F. Powell, Jr. Archives, Washington and Lee University School of Law,
Hogan
folder.

146 get his degree: Wilbur Colom, e-mails to the author, November 11, 2014.

146 “if the college were coed”: Ibid.

147 the Supreme Court steps: “Supreme Court Justice Sandra Day O'Connor and Chief Justice Warren Burger on Steps of Supreme Court, Washington DC,” image by Ron Bennett Photography, http://ronbennett.photoshelter.com/image/I0000Del5UB91v3M.

147 criticism and comment: Mary Schroeder, interview with the author, February 27, 2014.

147 determined not to fail: Darragh Johnson, “Sandra Day O'Connor: Well Judged,”
Washington Post
, March 7, 2006,
http://
www.washingtonpost.com/wp-dyn/content/article/
2006
/
03
/
07
/AR
20060307000
08
_
2
.html.

147 “highest court in the land”: “Hoops at the Supreme Court, Literally,”
Baller-in-Chief
(blog), March 31, 2009,
http://baller-in-chief.com/articles/hoops-at-the-supreme-court-literally/.

147 a decade later: David Goldberg, interview with the author, November 24, 2014.

147 two prominent judges' associations: Biskupic,
Sandra Day O'Connor
, 142; Barbara Babcock, interview with the author, March 9, 2014; Alexis K. Hill,
Keeping the Promise of Justice: Celebrating
25
Years of the National Association of Women Judges
(
Paducah, Ky.: Turner, 2003), 22.

148 where they were: Biskupic,
Sandra Day O'Connor
, 142; Babcock interview.

148 always a fast learner: Stephen Gilles, interview with the author, March 28, 2014.

148 “Improve the Courts”: O'Connor, “What Individuals Can Do to Improve the Courts” (remarks at Commencement Address at Stanford University), June 21, 1982,
Los Angeles Daily Journal
, 4.

148 “Social Responsibility”: O'Connor, “Professional Competence and Social Responsibility: Fulfilling the Vanderbilt Vision,”
Vanderbilt Law Review
36 (1983): 1.

149 “being admitted to practice”: O'Connor, “Foreword,”
New England Law Review
18 (1982–83): ix.

149 “give remarks today”: O'Connor, “Legal Education and Social Responsibility,”
Fordham Law Review
53 (1985).

150 abortion laws since the 1960s: Linda Greenhouse and Reva Siegel, eds.,
Before
Roe v. Wade
:
Voices that Shaped the Abortion Debate before the Supreme Court's Ruling
(New York: Kaplan, 2010), 282.

150 what the Court had done: for the full story of the Missouri setup, see Mike Hoey, “A Short History of the Missouri Catholic Conference 1967–2007,”
http://
www.mocatholic.org/wp-content/uploads/
2012
/
10
/MCC-Short-History-
1
.pdf.

150 attract Catholic Democrats: Greenhouse and Siegel,
Before
Roe v. Wade, 291–92.

151 “Mr. Justice” salutation: Linda Greenhouse,
Becoming Justice Blackmun: Harry Blackmun's Supreme Court Journey
(New York: Times Books, 2005), 142.

151 who proposed the change: Justice John Paul Stevens, interview with the author, July 21, 2014.

151 too much to take: Biskupic,
Sandra Day O'Connor
, 140–41.

152
Roe
emerged unscathed:
Akron v. Akron Center for Reproductive Health, Inc.
462 U.S. 416 (1983),
http://www.law.cornell.edu/supremecourt/text/
462
/
416.

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