Justice Sandra Day O’Connor, the first woman to serve on the Supreme Court of the United States, had a profound impact on how constitutional law was interpreted and implemented, based on her balanced and practical interpretations. A recent tribute by Sambhav Sankar – a clerk for Justice O’Connor during the 2003-04 term and the current Senior Vice President for Programs at Earthjustice – highlights her significant contributions to American jurisprudence.
O’Connor’s method often revolved around weighing out substantial factors openly against a backdrop of constitutional ambiguities. She took an honest approach when interpreting the Constitution to ensure fair decisions that favour the nation.
One notable case during Sankar’s clerkship was Elk Grove Unified School District v. Newdow, relating to the constitutionality of the Pledge of Allegiance. Another case regarding the pledge had already ruled children can’t be compelled to recite it against their religious beliefs (West Virginia State Board of Education v. Barnette), but Newdow’s argument was that the presence of the phrase ‘under God’ itself violated the First Amendment.
The conversation Sankar had with Justice O’Connor about the Pledge revealed a profoundly open-minded approach to cases. Despite Sankar’s argument that the phrase could be seen as exclusionary to non-Christians, Justice O’Connor felt that the phrase was more representative of “ceremonial deism”, devoid of religious context due to its repetitive use in non-religious situations. This demonstrated her judicious intent to balance constitutional provisions against potential societal tensions.
As Sankar closed his tribute, he highlighted that Justice O’Connor’s role often meant representing a ‘reasonable person’ at the centre of the Court. Her ability to listen and engage in a conversation without predetermined judgement enriched her constitutional jurisprudence. He expressed that O’Connor’s absence is deeply felt, especially as the present court navigates a rapidly shifting societal and legal landscape.