O'Connor No Moderate for Working People
While she may have saved some shards of affirmative action for the college-bound, it's worth remembering that O'Connor authored the decision in Adarand which largely gutted the ability of the federal government to engage in affirmative action in subcontracting, just as she authored the decision in Croson that outlawed the City of Richmond's affirmative action programs. As Justice Marshall in dissent wrote of Sandra Day O'Connor's opinion:
today's decision marks a deliberate and giant step backward in this Court's affirmative-action jurisprudence. Cynical of one municipality's attempt to redress the effects of past racial discrimination in a particular industry, the majority launches a grapeshot attack on race-conscious remedies in general.As for her attitude towards labor unions, O'Connor never missed a chance to cripple workers' union rights through her votes on the Court.
In Hoffman Plastic Compounds, O'Connor joined her four conservative collegues in giving employers a green light to fire undocumented immigrants at will during union organizing drives, declaring that employers could not be fined for such union-busting -- a decision that ironically made undocumented workers all the more attractive to employers since they had been essentially stripped of all legal rights under labor law.
In Kentucky River, nurses and other professionals with minor supervisory responsibilities were declared outside the protections of US labor law-- again, a whole class of workers could now be fired at will for pro-union activity by decision of O'Connor and her conservative brethren.
And when the liberal justices pulled Justice Kennedy over to their side in Holly Farms in defense of the labor rights of "chicken catchers" and forklift operators in Tyson's agribusiness operations, it was Justice O'Connor in dissent who again argued that those workers should be denied all union rights, arguing the racist exclusion of farm laborers from labor law protection -- enacted to pacify Jim Crow Senators in the 1930s -- should be extended to factory farming as well.
And in another crucial anti-labor decision, O'Connor again joined her four conservative collegues in the Lechmere decision, which barred union organizers from talking to workers about their union rights on employer property, even in publicly accessible parking lots where even the Reagan NLRB had said union organizers had the right to be.
In Eastern Enterprises, she wrote the decision that relieved coal companies of liability for the lifetime health care costs of retired miners which had been promised them during their work years and which Congress had guaranteed in the Coal Act of 1992, which assessed the costs against the remaining coal companies in the industry. Declaring the law a violation of the takings clause, O'Connor argued the property rights of the mine companies were more sacred than the right of the miners to receive the health care promised them during their working lives.
For individual workers, O'Connor had scarcely more sympathy for their rights. While she defected from her collegues in preserving Family and Medical Leave rights for state employees -- a function of her well-known sympathy for better-off women who can afford to take unpaid leave -- in Alden v. Maine, O'Connor joined the majority which in the name of "federalism" denied poor state employees any right to sue for protection under the federal minimum wage law.
And in Circuit City, O'Connor joined the conservative majority in stripping workers of their right to a trial by jury and allowed employers to force employees into mandatory arbitration -- essentially employer-dominated courts -- in any legal complaint against a company.
So this is the legacy of Justice O'Connor-- year after year providing the fifth vote to gut labor rights and worsen the lives of working people in America. This is not a legacy of moderation but of rightwing anti-worker prejudice.
O'Connor's occasional flips on various social issues does not mitigate that history and it is an outrage that any Democratic leaders are praising her legacy. Yes, I understand the strategy in that embrace of O'Connor, but it is an unprincipled position that implicitly endorses her thorough anti-labor ideology as acceptable.















Please point me to Democrats that actually stand up for workers, because i see a party that has been selling workers down the river since the Clinton era, of course it could be longer, but I really started paying attention during the Clinton years.
The Democratic party is too busy enjoying the same corporate junkets that the republicans enjoy, the funny thing is the repubs have packed K Street with their ilk, and the Dems still won't stand up to them, it's just plain sad.
July 11, 2005 11:52 PM | Reply | Permalink
I'm finding this candied lauditory history of O'Connor nauseating.
She always was a vicious highly partisan hack. She hates or loathes Democrats depending on her mood.
What is the matter with everyone? She was one of the five co-signees to Bush vs Gore. We still suffer under that war felon.
I despise this herding behavior I see over this terrible jursit. The marketing material Boxer used for the next USSC fight described O'Connor as such a justice queen it made me want to barf. Why can't people think and remember?
The usuablitly experience in inputting this text is awful. I suspect it was done on purpose. Ciao.
July 12, 2005 5:52 AM | Reply | Permalink
Excellent post. The panicky stampede toward O'Connor shows that we have a long way to go before most Congressional Democrats show that they have even the vaguest notion of what their party should stand for.
The most pathetic thing about the O'Connor lovefest is that it is not even sound strategy. Bush would never appoint a Chief Justice who is sure to be a short-termer. He is out to remake the Court for more than a generation.. Ovid
July 12, 2005 8:28 AM | Reply | Permalink
Nathan, that's some Greatest Hits compilation. It's true, O'Connor looks good only by comparison -- to the Rehnquist bloc (of which she was, of course, a member the overwhelming majority of the time) and to her likely successor, whoever that may be. The one good thing you could say about her was that she was not utterly predictable -- there was an element of pragmatism in her decision making, so on the close cases you were never completely sure which way she'd go. As you demonstrate, however, more often than not -- way more often -- she was as conservative as originally promised.
July 12, 2005 10:24 AM | Reply | Permalink
I don't understand why Dems are helping her to stroke her ego. She doesn't seem to care about any group unless they happen to be like her. As for legal reasoning, she is utterly cavalier. Bush v Gore is just an extreme example of the standard O'Connor argument, which typically ignores both the facts and the law except insofar as they happen to coincide with her prejudices. It's hard to tell whether she's a nincompoop, or simply vile.
July 12, 2005 10:57 AM | Reply | Permalink