The Constitutional Jurisprudence of Sandra Day O\u27Conor: A Refusal to Foreclose the Unanticipated

Part I of this essay covers an early period on the Court when Justice O’Connor seemed principally concerned with questions of jurisdiction and appellate process, during which she was frequently inclined to dispose of cases on technical or procedural grounds. Part II discusses Justice O’Connor’s attention to detail and consideration of factual context and her tendency to adjust the traditional standards of review in light of the circumstances of the case. Part III outlines Justice O’Connor’s respect for precedent and commitment to the principle of stare decisis particularly as it relates to her refusal to overrule Roe v. Wade. Part IV describes how her judicial philosophy evolved during her tenure on the Court to the point where she achieved a deep understanding and formulated a nuanced articulation of the fundamental American values embodied by the Constitution