Washington, DC In 1981, when then-Sen. Joe Biden questioned Sandra Day O’Connor about her potential as a justice on the Supreme Court, he also had a question regarding her extracurricular activities.
During her Senate confirmation hearings, Biden questioned whether O’Connor would use her prominent position to support a constitutional amendment that would specifically state that women have equal rights under the law.
Judge, I just don’t want you to isolate yourself. After O’Connor had kindly informed him that such activism for the Equal Rights Amendment “would be inappropriate,” Biden told her, “You are a tremendous asset.” “If you so choose, you have the right to vigorously advocate for the ERA in public. If you feel that women are not treated fairly, you have the right to travel the nation and give speeches about it. It seems to me that you owe it to the women of this nation to voice your opinions on matters on which you are permitted by ethical standards.
Some of the crowded hearing room’s audience members who were expected to remain silent broke into applause in response to Biden’s passionate plea. However, it was insufficient to convince O’Connor, who withheld any further thoughts. In fact, The New York Times reported at the time that O’Connor seemed “somewhat startled” by Biden’s request. After three days of hearings, O’Connor faced the all-male Judiciary Committee with her family by her side. Columnist Mary McGrory of the Washington Post described O’Connor as sitting “with her ankles crossed, gravely heeding each speaker with composed attention.”
Despite not having supported the ERA, O’Connor went on to become “an American icon,” in Biden’s words.
Biden remembered the optimism that surrounded O’Connor’s nomination in a statement made following her passing, which the president will elaborate on when he speaks at her funeral on Tuesday.
Biden stated that the 99-0 vote to approve her nomination was “evidence that our country can unite to advance history.”
On the Senate floor prior to that vote, Biden wondered how senators from opposing ideologies could possibly agree on a nominee. Although Biden stated it is impossible to predict how she will rule on issues, both liberals and conservatives were waiting to see how they hoped she would.
Biden stated that “there is a lot of whistling in the graveyard about what kind of justice Judge O’Connor will be.” “If I had to guess, I’d say that she will be a fairly moderate justice.”
It proved that he was correct. O’Connor spent almost 25 years on the court and developed into a crucial swing vote as she worked to find common ground on some of the most divisive issues facing the country.
O’Conner is “committed to the stable centre, pragmatic and in search of common ground,” according to Biden, who acknowledged that he didn’t always share her viewpoints. Biden said he would like others to use this description to describe his own strategy.
The influence of O’ConnorAn examination of some of Sandra Day O’Connor’s most significant Supreme Court rulings
Before Roe v. Wade, the 1973 ruling that established a constitutional right to abortion, was overturned in 2022, O’Conner twice agreed with the majority of justices in supporting the ruling.
During her confirmation hearing, everyone was very interested in how she would rule on the matter. Anti-abortion organizations opposed her nomination, fearing—correctly, as it turned out—that she would not overturn Roe v. Wade.
In a 2015 oral history interview, Robert McConnell—the Justice Department official who aided her during the confirmation process—stated that although she was confirmed 99-0, the result wasn’t inevitable.
“It is unprecedented that a nominee has had to cross picket lines in order to attend courtesy calls,” he remarked, guiding her through the Capitol to meet with senators. “Vote No on O” placards were present.
Press credentials were sought in greater quantities for the first female Supreme Court nominee because of the historic nature of her nomination than for the Senate’s Watergate hearings in 1973.
Additionally, this was the first time a Supreme Court nomination was broadcast live on cable TV during the hearings.
Additionally, O’Connor was the first nominee that Biden took the lead in questioning after rising to the position of top Democrat on the Judiciary Committee a few months prior—a committee that would play a crucial role in his Senate career.
The hearings that Biden presided over as head of the committee for the nominations of Robert Bork and Clarence Thomas were not as controversial as the ones that she presided over. Prior to that, he served as the top Democrat for the hearings of O’Connor, William Rehnquist, and Antonin Scalia.
Although O’Connor stated during her hearings that she personally opposed abortion, she would base any decision not on her personal beliefs but rather on the facts of a case and the applicable law.
Biden claimed that it was “equally appropriate” to question her personal views on abortion as well as to draw a distinction between them and her decisions on the court.
In his pre-vote floor speech, Biden expressed his opinion that the decision in Roe v. Wade was incorrect, but he acknowledged that the court had made a decision regarding abortion.
Biden agreed with the 1992 court decision that upheld Roe v. Wade, which O’Connor co-wrote. Furthermore, Biden’s opposition to the Roe decision and support for abortion rights have become central to his reelection campaign since the court overturned it last year.
In contrast, Biden left out abortion from his statement that he made following her passing.
In his general assessment of her influence, he expressed his admiration for O’Connor’s “decency and unwavering devotion to the facts, to our country, to active citizenship and the common good.”
According to Biden, “she understood that in order for democracy to function, we have to listen to one another and remember how much more unites us as Americans than divides us.”
Examine more closely: Sandra Day O’Connor attempted to find a compromise. Now, would she be accepted at the Supreme Court?
