Notes and pictures from Sandra Day O'Connor's Visit to OCU School of Law These pictures were from the Q&A session with Justice O'Connor. (sorry but they didn't allow photography at the Academic Convocation later that afternoon so there are no picture from that event) There were two events on Monday with Justice O'Connor at OCU Law. The first event was a Q&A session with the law school held in the big moot court room (where the pictures were taken). Here are the notes I took from her remarks:

• Civil Liberties - She says Patriot Act has been examined yet. 4th Amendment forbids unreasonable searches. Thinks the focus is on this. (CODE FOR - "The 4th Amendemtn isn't worth the paper it is printed on.") She says that we lieve in a time of cris these days. "I don't know where this is going to lead to. I do know one thing. We are not on the firing line on the scene." - Says we (referring to the US Supreme Court, hereafter SCOTUS) comes late to the scene. The process is a lengthy time and I think that is a good thing. Says our common law system (where Con Law questions get hashed out by lower courts first) is better than in Civil law systems (i.e. Continental Europe, Latin America, etc.) where Con Law questions are resolved only by a special Constitutional interprertation court.
• Amicus briefs - she says they are very helpful
• Talked about how difficult it is for SCOTUS justices to be able to understand complicated and and difficult areas of law.
• Asked about case that she was most proud of - She said that was hard, but one that is most cited was the Strickland decision.
• On Indian gaming - says this is a legitimate policy concern (for Congressional resolution) and is not one for the judiciary
• 2 things important to being lawyer... (1) Reading fast (she says she reads 1500 pages per day when SCOTUS is in session), and (2)Learn to write well
  • Clearly and correctly
  • Recommends great punctuation book
  • Simple and accuate is better than long & complicated sentences
• Broadcasting of trials - SCOTUS plans to release same day audio tapes of oral arguments of cases that are of broad public interest (i.e. Guantanamo cases coming soon), but doesn't think TV is on the horizon anytime soon
• Asked about plurality decisions - She says SCOTUS doesn't like them, but also says that 1/3 of cases are actually unanimous.
• Asked about splittting 9th Circuit - Says 9th is too big and needs to be dividied but it that it would be difficult because CA would have to be split to to do this (Note from me - something never done before, except I think for Yellowstone National park if I remmeber right)
• Asked (by Stan Bassler, adjunct OCU law instructor and prison minister) about MI case that restricts visitation to inmates in MI - says that the court has spoken very clearly on this, that day-to-day running of prisons should be left to judges
• Asked about her being the "swing vote" - She didn't address this at all. Seemed to want to divert attention from this.
• Said 1st year on bench was a massive learning curve.
• On statutory interpretation - Says that she is willing to use legislative history but says that she doesn't cite if is she wants some of the other justices to join the decision.
• On Consular notitification - Says treaty & the recent world court decision is a challege, but says World Court is not binding authority (NOTE FROM ME - What is infuriating is that she speaks as if this is a "yet to be decided" point... well Hung Le is dead thanks to SCOTUS not granting cert on this very point... how in the **** can she claim that this is an unresolved point. It already was resolved when SCOTUS denied cert. Someone is dead because they denied cert. How dare she act like this is some kind of interesting intellectual legal question... this is a matter of life and death. Hung Le is dead because SCOTUS refused to hear his case.)
• She was asked for advice for L-students who are about to do their oral arguments -
  • Know the case and the record very well
  • Think through potential hypos that the judge(s) might ask you
  • Try to speak in a conversational tone
• Says confirmation hearings are mostly about the senators getting the chance to grandstand before the TV cameras. Says they get a fortune in free advertizing on TV when they get to ask questions in confirmation hearings.

Then about an hour later Justice O'Connor appeared again at the Convocation. There were lots more people there (this event was open to the public). They had some music and of course they had all of the pomp and circumstance of such events (the processional of all of the profs in their academic robes, etc). US 10th Circuit Judge Robert Henry & Oklahoma Governor Brad Henry (cousin of Robert Henry) were also both on the stage. After the music and welcoming speeches they gave O'Connor an honorary doctorate and then they had her speak... well actually what they did was more of an interview. They had Judge Henry and Justice O'Connor sitting in chairs on the other side of the stage, with Henry asking questions of Justice O'Connor. As to the substance of what she said, her remarks focused more on her background and less on the law. NewsOK.com's reporter did a lot better taking notes (See NewsOK.com: Supreme Court justice shares memories, motivations ) of her remarks but there were a few things that stood out to me about what she said. First, she talked a lot about how that the rest of the world admires the American judicial system, while at the same time most Americans do not respect it. She didn't really address some of the causes for the American concerns about the system, but she did say that one reason that SCOTUS is well respected because they publish the minority opinions of the court, as well as the majority decision. Secondly she did talk a good bit about the concerns of many commentators with regards to citing foreign case law. She says that precedent from other countries is not binding but can be useful. Well after her remarks were over, Governor Henry stood up and read a proclamation making O'Connor an honorary citizen of Oklahoma. (He sounded like a big goober to me.) Well all in all, my overall impressions of Justice O'Connor is that she is a very interesting woman who has overcame a great deal of challenges to be on the SCOTUS. I like her witty way of communicating and her general western sensibilities (she is from Arizona). HOWEVER... I also was very bothered by much of what she said. The two big concerns were her remarks at the Q&A session with regards to the ... decision and the recent World Court ruling against the US with regards to the lack of consular assistance. In both of these cases she spoke in such a calloused and insensitive way about those who were affected by these stupid decisions. In fact it seemed like the real people affected were not even people in her eyes but were rather some lower class of humanity that was not entitled to any rights at all. In the end I think Justice O'Connor is someone who believes in the dignity of the law and the judicial system but has forgotten the dignity of humankind. I know that sounds harsh but that is why I believe. I do respect the law to the extent that it is just (I'll cite Emerson, Thoreu & MLK on this proposition) but when it is unjust it is something different altogether. I think Justice O'Connor's decision to make the law more important than humanity is problematic but not uncommon in the legal system.
- posted by JM @ 4:56 PM