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Interview, Fireside Chat, Lecture

Evan Thomas: Author, "First: Sandra Day O’Connor"

  • Early Formative Lessons:

    • Learned "don't take the bait" strategy by observing her mother's non-reactive responses to her overbearing, drinking father's provocations.
    • Internalized the necessity of distinguishing between "fighting" and "getting into stupid egotistical arguments," a trait crucial during her time in the Arizona state legislature where colleagues attempted to provoke physical stress reactions (twitching) to unnerve her.
    • Developed self-sufficiency and a connection to civilization while living on the "Lazy Bee Ranch," bolstered by her mother's insistence on wearing skirts and shoes and subscribing to Vogue.
  • Stanford Education and Romance:

    • Entered Stanford University in 1946 at age 16, navigating a 3:1 male-to-female ratio of returning GIs.
    • Took a "Western Civilization" course emphasizing the rule of law and the capacity for individuals to shape their own destiny.
    • Engaged in a romantic relationship with William Rehnquist, who proposed marriage via one of 14 letters found in her papers; they remained professional colleagues on the Supreme Court for decades without revealing the prior engagement.
  • Career Barriers and Network Building:

    • Faced severe employment discrimination in 1950s California, where firms like Gibson-Dunn refused to hire her, citing her inability to type and gender bias.
    • Accepted a position in a downscale Phoenix shopping mall while her husband joined a top-tier firm, later taking a five-year hiatus to raise three sons while becoming president of the Junior League.
    • Cultivated a "power couple" network in Phoenix, befriending Barry Goldwater and establishing connections that led to her eventual appointment to the bench.
  • Legislative Pragmatism:

    • Became the first woman to serve as Majority Leader of any state Senate in the U.S.
    • Practiced strategic pragmatism regarding the Equal Rights Amendment (ERA), allowing it to die in committee rather than losing a public battle, while simultaneously amending every gender-biased state law in Arizona to gender-neutral status.
  • Supreme Court Confirmation and Role:

    • Nominated by President Reagan in 1980 as part of a strategy to win back female voters; confirmed by the Senate 99–0 (one senator absent due to illness).
    • Successfully neutralized conservative opposition to her nomination by personally charming senators like Jesse Helms while avoiding firm commitments on abortion.
    • Served as the decisive "swing vote" in roughly 330 cases over 24 years, often forming 5–4 majorities.
  • Judicial Philosophy and Key Rulings:

    • Rehnquist & O'Connor: Transformed the Supreme Court's culture from isolated and distrustful to cohesive, establishing the tradition of mandatory weekly lunches among justices.
    • Gender Discrimination (Mississippi University for Women v. Hogan, 1982): Wrote the majority opinion prohibiting gender-based exclusion in state nursing schools, noting that men could also suffer from discrimination.
    • Abortion Rights (Planned Parenthood v. Casey, 1992): Rejected the trimester framework of Roe v. Wade as medically outdated, replacing it with the "undue burden" standard to preserve abortion rights while allowing state regulation.
    • Affirmative Action (Grutter v. Bollinger, 2003): Voted to uphold affirmative action in law school admissions, citing the military's need for a diverse officer corps and the necessity of diversity in training future national leaders.
    • Proposed a temporal limit on affirmative action, suggesting it might not be necessary in 25 years.
  • Personal Traits and Work Habits:

    • Adopted a "whole life" philosophy, prioritizing dinner parties, museum visits, and social engagement over relentless work; she avoided mindless television and social media.
    • Described by clerks as an "unfeminist feminist" who used strategic compromise and bridge-building rather than ideological activism to achieve results.
    • Acted as a mentor and "glue" for future female justices (Ginsburg, Sotomayor, Kagan), opening the door for their entry into the judiciary.