[Congressional Record (Bound Edition), Volume 151 (2005), Part 11]
[Senate]
[Pages 15286-15287]
[From the U.S. Government Publishing Office, www.gpo.gov]




               RETIREMENT OF JUSTICE SANDRA DAY O'CONNOR

  Mr. BROWNBACK. Mr. President, I rise today to discuss the retirement 
of Justice Sandra Day O'Connor from the U.S. Supreme Court. First, I 
wish to applaud her public service that has been part of her entire 
life. She is a fantastic role model; she is a role model to two of my 
older of five children. My two older daughters have seen her as someone 
who moved into an area that had not been occupied by a woman before--
the Supreme Court of the United States. One of my daughters got to meet 
with her at one time. It was quite an event in her life, being able to 
see a woman on the U.S. Supreme Court at a young age. And that has been 
replicated, of course, with Ruth Bader Ginsburg. Women have broken 
through. That will continue to be the case, and will continue to be an 
inspiration to people throughout the world in general, and my family in 
particular.
  Justice Sandra Day O'Connor was raised in southeastern Arizona on her 
family's ranch. Her humble beginnings contributed to her appreciation 
for common sense and limited government, which she carried forward on 
the Court. She received her undergraduate degree from Stanford 
University; one of the great schools of our country. At Stanford, she 
successfully pursued a degree in economics and graduated third in her 
class at Stanford Law School. It was during law school that she met her 
husband John.
  As a young female attorney, Justice Sandra Day O'Connor faced great 
adversity in finding employment. It does not seem possible that someone 
graduating third in their class from Stanford Law School would face 
this problem. But those were different times, and she was a woman and 
was looking for employment in the private sector.
  She persevered, accepted a position as deputy county attorney for San 
Mateo County in California, where she served with distinction.
  In 1958, Justice Sandra Day O'Connor began a small private practice 
in her native Arizona.
  In 1965, after returning to work following a brief hiatus to care for 
her children, Justice O'Connor accepted a position as an assistant 
attorney general for the State of Arizona.
  In 1968, she was appointed to the Arizona State Senate by the 
Governor to fill a vacancy. During O'Connor's tenure in the State 
Senate, she demonstrated wisdom and excellence to become the majority 
leader.
  O'Connor was elected judge of Maricopa County Superior court in 1975 
and served until 1979 when she was appointed to the Arizona Court of 
Appeals.
  In 1981, President Ronald Reagan fulfilled his promise to nominate 
the first woman to the Nation's top Court. Justice Sandra Day O'Connor 
was confirmed unanimously by the Senate.
  It is hard to think of a Supreme Court nominee getting a unanimous 
confirmation in this body today, but it happened in 1981.
  Justice O'Connor's life is a testament to perseverance, integrity, 
and appreciation of constitutional government. She served as a role 
model to a generation of women in the legal profession. I commend her 
for her 24 years of dedicated service to the U.S. Supreme Court.
  In her letter to the President announcing her retirement, I was 
impressed by Justice O'Connor's reference to the ``integrity of the 
Court and its role under our constitutional structure.'' I think it is 
important to remember that in our system of government, the courts have 
but limited jurisdiction: they should neither write nor execute the 
laws, but simply ``say what the law is,'' in the famous phrase of 
former Chief Justice Marshall. As Alexander Hamilton explained, this 
limitation on judicial power is what would make the Federal judiciary 
the ``least dangerous branch.'' They were not meant to resolve divisive 
social issues, short-circuit the political process, or invent rights 
which had no basis in the text of the Constitution.
  Unfortunately, the courts in recent years have not kept themselves 
within the circumscribed role envisioned by the Framers. Hamilton 
himself likely would be shocked at the broad sweep of the exercise of 
judicial power in America: Federal courts today are redefining the 
meaning of marriage, removing the role of faith in the public square, 
running prisons and schools by decree, enhancing Federal power at the 
expense of the States and, just last week, radically expanding the 
power of government to take private property from one individual and 
hand it over to another in the name of public use; by 5-to-4 
decisions--5 for, 4 against. The expanded role assumed by the Federal 
courts generally in recent years makes it all the more important that 
the upcoming nominee exhibit the proper respect for the restrained role 
of the Federal courts in American Government, staying within the text 
of the Constitution.
  Given the President's repeated statements during his campaign that he 
would pick Justices who would faithfully interpret the text of the 
Constitution and the resonance his position had with the American 
people, I am confident that he will nominate a well-qualified 
individual who will refrain from making law from the bench.
  I will conclude by simply saying, in the confirmation process, I hope 
this body can take a position where we hold fair hearings, where the 
nominee is not maligned by outside groups seeking to cast aspersions 
that are clearly not there, or trying to paint an individual where the 
factual setting is not there; that it will be a process of 51 votes and 
not 60 votes, that there will not be a filibuster for this Supreme 
Court nominee position. It should not be an extraordinary circumstance. 
The position is to be filled by a majority vote of this body, not by a 
supermajority vote of this body.
  I hope we could move forward with a confirmation process through the 
Judiciary Committee, on which I and the Presiding Officer serve on, in 
a timely and reasonable fashion; that we could bring the nomination in 
front of this body, have a robust debate on it, and then vote. The 
person either goes on the Supreme Court or they do not go on the 
Supreme Court--by 51 votes. That is what it should be. I think that is 
clearly the case of what was anticipated by the Framers in the overall 
process.
  I see my colleague from Texas is here, who is to speak on the floor. 
I do want to end by again commending Sandra Day O'Connor's lifetime of 
service, the inspirational role that she has played for many people in 
this country--to people in my family. I thank her and say Godspeed to 
her and her family, and I am sure she will continue to serve this 
Nation.
  I yield the floor.
  The PRESIDING OFFICER (Mr. Allen). The Senator from Texas.
  Mrs. HUTCHISON. Mr. President, I rise today to talk on two issues. 
First, I think everyone is talking about Sandra Day O'Connor and the 
great contribution she has made to our country. I am pleased to say she 
is a friend of mine. I have gotten to know her because we have many of 
the same parts of our background. Sandra Day O'Connor was born in El 
Paso, TX, and she actually graduated from high school in El Paso, TX. 
She grew up on a ranch in Arizona, and it was, of course, a remote 
place, so her parents sent her to high school in Texas to try to make 
sure she received a first-rate education.
  I think we see from her record in college and law school that she 
did, indeed, receive fine preparation. She was one of the brightest 
students to come out of Stanford Law School, graduating right at the 
top of her class along with her classmate, William Rehnquist.

[[Page 15287]]

  Sandra Day O'Connor is a person who has overcome obstacles, and she 
has done it in the most graceful way, in a way that is a role model for 
girls in our country, for women in our country, because she has always 
kept a positive attitude. When she couldn't get a job out of Stanford 
Law School, graduating right at the top of her class, she cajoled an 
offer from the county attorney in the county where Stanford was 
located, and was able to win that first job. Then, of course, she 
excelled from that time forward.
  She has excelled in everything she has done. She became the leader of 
her party in the State Senate in Arizona. She was plucked from the 
State court of appeals to become a member of the U.S. Supreme Court.
  When you think about it, to be thrust into this national limelight as 
the first woman to become a Supreme Court Justice in our country, in 
1981, this was a glaring spotlight for a young woman from Arizona who 
was on the court of appeals at the State level. Yet President Reagan 
saw something in her that was quite special. He saw that she had the 
leadership abilities and the basic grounding and the intellect to take 
this job. He really took somewhat of a chance because she wasn't the 
well-known commodity that Supreme Court Justices usually are. But he 
knew the time was right to appoint a woman to the U.S. Supreme Court 
and he found the woman who was the right one for the job. She earned 
her place in history.
  As she announces today that she is taking her retirement, I think all 
of us who know her and have admired her for so many years do want to 
wish her well. We believe she deserves this wonderful opportunity to 
have some time for herself.
  Sandra Day O'Connor also was named to the National Cowgirl Hall of 
Fame. That is another connection that we have. This is a wonderful 
museum in Fort Worth, TX, that honors the cowgirls of our country who 
have made a difference, the cowgirls who have shown that ranching life 
and that independent spirit can be the basis for success that is really 
unmatched. Sandra Day O'Connor is in the Cowgirl Hall of Fame and she 
is a real cowgirl. She did grow up on a ranch. She talks about her 
childhood where they didn't even have running water in her home. 
Growing up like that made her hardy and able to overcome obstacles.
  She has made quite an impression on the Court as well. Sandra Day 
O'Connor has been one of those people on the Court who is a strict 
constructionist and who is an intellectual who is sometimes considered 
a swing vote, but you always know that her conservative philosophy is 
one that is very careful not to make laws from the bench but allows 
lawmakers to make the laws of our country.
  I think her opinion as the dissenting opinion in the most recent case 
on eminent domain shows that basic conservative philosophical 
underpinning, saying it would be outrageous to expand public purpose in 
eminent domain to include private projects, even if they are private 
projects that are going to enhance the tax base of the city. That is 
not what the Constitution intended in its preservation of private 
property rights.
  I think Sandra Day O'Connor has made an impact on the Court and an 
impact on our country.
  I want to end my talk about Sandra Day O'Connor reading from an 
interview I did with her when I was interviewing for my book ``American 
Heroines,'' interviewing the women of today who are breaking barriers, 
the women of today who are the first at something that is important. 
Sandra Day O'Connor, of course, the first woman on our United States 
Supreme Court, was one of those I interviewed.
  I asked her what was her most important trait for success. And she 
said something I think is especially important to note today, on the 
day she announces her retirement. She said:

       I am blessed with having a lot of energy. I think I 
     inherited it from my mother. But to be a working mother 
     requires an enormous amount of energy to do your job and to 
     manage to take care of your family and to go nonstop all the 
     time with never any personal downtime. I can't remember a 
     time in my life when I had time for myself.

  I think on the day that she is announcing her retirement, to have 
that time for herself, makes us understand that this is a woman who 
deserves, finally, to have her time for her family.
  She said:

       Another attribute that perhaps has been helpful is a 
     curiosity about things, how things work. I think a love of 
     learning and finding out about things is useful. And, third, 
     probably, is liking people. Enjoying talking to them, whoever 
     they are with whatever lifestyle or standard of living. I 
     have always enjoyed talking to people. I think I got that, 
     maybe, from my grandmother, in Texas.

  So that is just one excerpt from an interview with an extraordinary 
woman, a woman who made her mark in the history of the United States 
and who will always be remembered, as we wish her well in her 
retirement, as one of the leaders of our time, the leaders of the last 
century who, indeed, did break an important barrier.

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