| 00:00:54 |
none, -
MOOT APPROXIMATELY 60% OF THE CASES BEING ARGUED BEFORE THE COURT. IT'S NONPARTISAN AND IT'S DONE ON A FIRST COME, FIRST SERVED BASIS. ALTHOUGH THAT'S...
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| 00:04:47 |
Guest, -
SHE WORKED AS A COUNTY ATTORNEY,
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| 00:04:49 |
Guest, -
A STATE LEGISLATOR, A STATE JUDGE WHILE RAISING THREE SONS WITH HER HUSBAND. A SUPREME COURT JUSTICE FOR NEARLY A QUARTER CENTURY, SHE WAS AT THE CENTER...
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| 00:16:02 |
Guest, -
OF THE DEBATE THAT GOES ON TODAY, NAMELY THE APPROPRIATE ROLE OF JUDICIAL REVIEW UNDER OUR CONSTITUTION. TODAY HE WILL FOCUS ON JUSTICE O'CONNOR'S...
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| 00:16:36 |
Guest, -
SO LET ME SAY AT THE BEGINNING, I UNDERSTAND THAT ONE IS SUPPOSED TO BE GENEROUS WHEN A PERSON RETIRES AFTER YEARS OF SERVICE. JUSTICE O'CONNOR DESERVES...
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| 00:17:50 |
Unidentified Speaker, -
UNDER WHICH SHE DECIDED CASES OTHER THAN
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| 00:17:53 |
Guest, -
UNFAILING INSTINCT FOR FINDING LEGAL RULES EMBEDDED IN OUR CONSTITUTION THAT SOMEHOW ALWAYS SUPPORTED THE ELECTORAL PROSPECTS OF THE REPUBLICAN PARTY...
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| 00:31:33 |
Guest, -
ALL SIDES AND ALL APPROACHES. FOR THAT, I THANK YOU. NO, I JUST -- EVERYONE IN THE ROOM, YOU CAN'T EXERCISE THE TYPE OF POWER THAT JUSTICE O'CONNOR...
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| 00:33:18 |
Guest, -
TRY TO USE THESE AREAS TO MAKE SOME GENERAL OBSERVATIONS ABOUT JUSTICE O'CONNOR'S LEGACY. I THINK IT'S A REAL SIGN OF THE TIMES THAT AS JUSTICE O'CONNOR...
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| 00:46:11 |
Unidentified Speaker, -
FROM MIKE'S AND NINA'S, NOT SO MUCH THAT I'LL BE ATTACKING JUSTICE O'CONNOR FROM A DIFFERENT DIRECTION AS THAT I'LL BE DOING MORE DESCRIBING AND LESS...
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| 00:46:28 |
Guest, -
CASES AND SORT OF MY LAUNCHING POINT FOR THINKING AND TALKING ABOUT THAT TOPIC IS AN ARTICLE I READ SUNDAY MORNING IN I BELIEVE "THE WASHINGTON POST"...
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| 00:57:30 |
Guest, -
WORKING ON MANY OF THESE ISSUES THAT HAVE -- OFFICE OF LEGAL POLICY. RIGHT, OFFICE OF LEGAL COUNSEL, VEE YET'S OFFICE. >> Guest: YEAH. >> Guest: AND...
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| 00:58:02 |
Guest, -
DO WANT US TO A CERTAIN EXTENT TAKE ISSUE WITH
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| 00:58:05 |
Guest, -
THE TITLE AND THE PREMISE OF TODAY'S PANEL, THE TOPIC IS SUPPOSED TO BE ABOUT THE LEGEND AND THE LEGACY OF JUSTICE O'CONNOR. I'M NOT
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| 00:58:14 |
Guest, -
QUALIFIED TO SPEAK TO HER LEGEND. I'LL LEAVE IT TO OTHERS WHO HAVE CLERKED FOR HER OR APPEARED FREQUENTLY BEFORE HER TO DO THAT. BUT IN THAT CASE,...
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| 00:58:51 |
Unidentified Speaker, -
COUNTER INTUITIVE. IT SEEMS HARD TO SQUARE WITH
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| 00:58:54 |
Unidentified Speaker, -
THE COMMONPLACE ASSUMPTION, ONE I SHARE THAT THE CONSTITUTIONAL LAW OF THE REHNQUIST COURT HAS LARGELY BEEN WHATEVER SANDRA DAY O'CONNOR DECIDED IT...
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| 01:14:55 |
Unidentified Speaker, -
LARGELY THE LAW OF SANDRA DAY O'CONNOR
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| 01:14:57 |
Guest, -
BUT INTERESTINGLY ENOUGH, ALMOST NONE OF IT IS BASED ON OPINIONS OF THE COURT. AS IS NOW WELL-KNOWN AND AS JANE DISCUSSED, HER UNIQUE CONTRIBUTION TO...
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| 01:20:51 |
Guest, -
AND A LEADING SKO LAR ON CONSTITUTIONAL LAW AND OTHER ISSUES. >> Guest: THANK YOU VERY MUCH. I THINK MY TALKING ABOUT DOVE TAIL WELL WITH MARTY'S TALK...
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| 01:21:17 |
Guest, -
OF HER ELOQUENT OPINION IN THAT CASE. I HAPPEN TO HAVE BEEN A LAW CLERK IN HER CHAMBERS DURING THAT TERM. SO I CAN SAY WITHOUT DIVULGING ANY CONFIDENCES...
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| 01:37:50 |
Unidentified Speaker, -
LIFE EXPERIENCES. [ INAUDIBLE ] BEING A FEMALE TO BEING AN ELECTED OFFICIAL. COT PANEL SPEAK TO THE DEGREE TO WHICH HER BACKGROUND AS A COW BIRL AND...
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| 01:38:06 |
Guest, -
SHEILA APPROACHED MORE BROADLY THE DECISION MAKING? >> Guest: DOES ANYONE WANT TO TAKE THAT? >> Guest: WELL, I THINK I TALKED MOST PERHAPS ABOUT HER...
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| 01:38:30 |
Guest, -
I THINK WAS MORE SKEPTICAL OF DECISIONS MADE FROM A
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| 01:38:34 |
Guest, -
MORE DISTANT PERSPECTIVE. YOU KNOW, I THINK -- I ALSO SAID IN MY REMARKS LIKE ALL HUMAN BEINGS, HER JUDGMENT WAS BOTH SHAPED AND LIMITED BY HER LIFE...
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| 01:40:23 |
Guest, -
OF HER IDEAS AND IDEOLOGY ABOUT DISCRIMINATION. ACROSS THREE AREAS. ONE RACE
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| 01:40:32 |
Guest, -
INCLUDING AFFIRMATIVE ACTION, THE O'ER THE SEX DISCRIMINATION CASES, PERHAPS INCLUDING PREPRODUCTIVE RIGHTS BUT CERTAINLY VMI AND OTHERS AND THEN DISABILITY...
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| 01:41:22 |
Guest, -
GENERAL DEFERENCE TO LEGISLATIVE AUTHORITY TO REDRESS THE -- TO REDRESS ALL FORMS OF DISCRIMINATION. AND THAT COMES FROM TWO STRANDS OF HER JURISPRUDENCE....
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| 01:42:36 |
Unidentified Speaker, -
DISCRIMINATION. AND I WOULD CONCUR WITH WHAT JANE SAID, THAT PEOPLE ARE COLORED BY THEIR OWN PERSONAL EXPERIENCES EVEN THOUGH I ALSO APPRECIATE VIET'S...
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| 01:42:48 |
Unidentified Speaker, -
DID NOT, WAS NOT COMFORTABLE WITH BEING SEEN AS A WOMAN'S VOICE ON THE COURT AND SHOULD NOT BE UNDERSTOOD IN THAT SORT OF CABINNED ROLE. BUT IT IS...
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| 01:44:48 |
Unidentified Speaker, -
WHERE SHE JOINED OPINIONS OF THE COURT NEGATING CONGRESS'S POWER TO REMEDY DISCRIMINATION ON THE BASIS OF AGE AND DISABILITY, LARGELY ON GROUND, WHICH...
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| 01:46:04 |
Guest, -
A MULTINUMBER DECISION MAKING BODY. SO LIKE ANY NORMAL APPLICATION WILL SAY THAT THAT MEDIUM VOTER IS THE MOST INFLUENTIAL. THAT'S WHY JOHN McCAIN GETS...
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| 01:47:42 |
Unidentified Speaker, -
VOTE, WAS OFTEN IN A SEPARATE OPINION, AND I JUST WONDER TO WHAT EXTENT YOU MAY NOT BE ABLE TO SAY, DID SHE TRY TO GET MAJORITY OPINIONS, TO TRY TO...
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| 01:48:31 |
Unidentified Speaker, -
WAS THAT, YOU KNOW, ON BALANCE, I THILL SHE WOULD PREFER TO HAVE A CLEAR MAJORITY FOR THE COURT, BUT THERE WERE A NUMBER OF CASES WHERE A PA JORT OPINION...
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| 01:49:29 |
Unidentified Speaker, -
JANE'S ASSESSMENT. I DO THINK THIS HOWEVER. JUSTICE O'CONNOR IS AMONG THE MOST, IF NOT THE MOST HARD-WORKING JUSTICE ON THE COURT. WHEN YOU GO BACK...
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| 01:50:27 |
Unidentified Speaker, -
HERE. >> PICKING UP ON SOME
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| 01:50:30 |
Unidentified Speaker, -
THINGS THAT YOU SAID ABOUT JUSTICE O'CONNOR'S ROLE
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| 01:50:33 |
Unidentified Speaker, -
IN CHANGING THE COURT, NOT FROM THE LEGAL PERSPECTIVE IF TERMS OF
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| 01:50:38 |
Unidentified Speaker, -
A WOMS PER SPECK -- WOMAN'S PERSPECTIVE ON LEGAL CASES, I DON'T RECALL HEARING ONE OF THE MEN JUSTICES RESIGNING TO TAKE CARE OF AN AILING SPOUSE....
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| 01:50:50 |
Unidentified Speaker, -
BE CURIOUS ABOUT YOUR PERCEPTIONS OF HOW SHE AFFECTED THE ATMOSPHERE OF THE COURT, THE WAY THE COURT OPERATES. >> I THINK THAT'S A GREAT QUESTION. JUSTICE...
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| 01:51:18 |
Unidentified Speaker, -
THE CLERKS, SHE WAS VERY INTERESTED IN HER CLERK'S AND THEIR FAMILIES, SHE REFERRED TO THE CHILDREN OF HER CLERKS AS HER GRAND CLERKS AND I THINK CONSISTENTLY...
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| 01:52:37 |
Unidentified Speaker, -
SOMEONE WITH THAT EXPERIENCE AND I WAS WONDERING IF YOU COULD, ESPECIALLY THE CLERKS COULD SPEAK TO HOW THAT AFFECTED HER -- HOW SHE OPERATED ON THE...
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| 01:53:17 |
Unidentified Speaker, -
THOSE ABOVE US, INTER ELECTRIC ACTUAL EASTERN ELITES TEND TO THINK OF STATE AND LOCAL OFFICIALS. EREASONOUSLY. I THINK SHE HAS A DEEPEE APPRECIATION...
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| 01:54:42 |
Unidentified Speaker, -
THE POWER SHE HAD AS THE MIDDLE LOAD? >> I ACTUALLY DON'T THINK -- I DO NOT THINK THAT IS CORRECT, NECESSARILY CORRECT THAT
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| 01:54:49 |
Unidentified Speaker, -
SHE IS MODERATE POLITICALLY. WE SIMPLY DO NOT KNOW WHAT SHE IS POLITICALLY, BECAUSE HER ROLE FOR THE LAST 20, 30 YEARS, DOES NOT ALLOW HER TO ESPOUSE...
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| 01:55:05 |
Unidentified Speaker, -
THINK THAT SHE LACKS MORAL IMAGINATION. I THINK THAT SHE RESERVES MORAL IMAGINATION FOR THE AREAS OTHER THAN HER WRITTEN OPINION OR HER OFFICIAL CAPACITY...
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| 01:55:56 |
Unidentified Speaker, -
REALLY RESPECT HIS LOYALTY TO JUSTICE O'CONNOR, HE HAS A PERSONAL RELATIONSHIP WITH HER AND I BELIEVE IN BEING LOYAL TO PEOPLE WHO HAVE PERSONAL RELATIONS...
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| 01:56:58 |
Unidentified Speaker, -
WHO SURROUNDED HIM
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| 01:57:00 |
Unidentified Speaker, -
IS PERHAPS THE ODDEST. JUSTICE HOLMES WAS AN INTELLECTUAL AND DEEPLY SKEPTICAL, INCLUDING SKEPTICAL OF HIS OWN VIEWS, JUSTICE OWE CON FOR IS NEITHER....
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| 01:57:56 |
Unidentified Speaker, -
CAUSES, THAT'S GREAT, BUT I
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| 01:57:58 |
Unidentified Speaker, -
DON'T THINK THAT -- THE PROBLEM WITH JUSTICE O'CONNOR, IT'S NOT LIKE SHE WAS TRYING TO ADVANCE CONSERVATIVE CLAUSES. SHE WAS AS I THINK EVERYBODY ON...
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| 01:58:47 |
Unidentified Speaker, -
THE AUDIENCE, AS MARTY
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| 01:58:49 |
Unidentified Speaker, -
JUST SUGGESTED,
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| 01:58:50 |
Unidentified Speaker, -
THIS IS JUST A START. YOU CAN'T ASSUME
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| 01:58:52 |
Unidentified Speaker, -
TO DEVELOP A JUSTICE'S LEGACY OR LEGEND BEFORE SHE'S RESIGNED FROM THE BENCH, BUT WHAT IT UNDERSCORES IS HOW TERRIBLY COMPLEX AN ISSUE IT IS AND HOW...
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NOTE: The transcript for this program was compiled from uncorrected Closed Captioning.