Alan Dershowitz, renowned legal scholar and professor emeritus at Harvard University Law School, shared his reflections on the death of Justice Sandra Day O'Connor in a Saturday interview with Newsmax. Dershowitz offered a nuanced perspective on O'Connor's legacy, emphasizing her symbolic significance in breaking the gender barrier on the Supreme Court.
"Her legacy will be primarily symbolic," remarked Dershowitz on "America Right Now." "She was the first woman to break the essentially segregated Supreme Court for many years."
Dershowitz, known for his legal acumen, went on to assess O'Connor's judicial contributions, asserting that her impact was more political than intellectual. "She was not a great intellect or a great scholar," he commented. "She came to the court as a politician, and she remained on the court as a negotiator or compromiser."
While acknowledging O'Connor's pivotal role as a trailblazer, Dershowitz underscored the limited scholarly weight of her opinions. "Her opinions themselves will not be studied by lawyers and law students. They are not regarded as highly intellectual."
Reflecting on his personal interactions with O'Connor, Dershowitz recalled arguing a double capital case in front of her. O'Connor's vote against his position did not prevent a favorable outcome. "She voted against my position, but ultimately, we won the case nonetheless because she sent the case back to the law courts for further determination."
Dershowitz also recalled a disagreement early in O'Connor's career regarding her involvement with fundraisers for the Arizona Republican Party. "She has to stop being a politician," Dershowitz asserted in a New York Times op-ed. Surprisingly, O'Connor thanked him for the article and adjusted her approach.
Addressing O'Connor's stance on affirmative action, Dershowitz characterized it as a political decision rather than a principled one. "I don't think she had much of an impact. The court was going where it was going."
Dershowitz commended O'Connor for her historic role in integrating the Supreme Court, noting the progress that has since been made.
"Her big impact again is to integrate the court. Look, we have so many women on the court today, and they serve with such great distinction. It doesn't even become a headline if a woman gets appointed today or an African American," he said.
"Thank God for that. We're a much better country for it."
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Jim Thomas ✉
Jim Thomas is a writer based in Indiana. He holds a bachelor's degree in Political Science, a law degree from U.I.C. Law School, and has practiced law for more than 20 years.
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