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Extracted Text (OCR)
4.2.12
WC: 191694
idea” that the letter would be used politically. But that simply isn’t true, since the request to
Justice O’ Connor—stating that it would be “beneficial” to have a letter from her as part of a
Republican proposal to enact a Christian Nation resolution—made it clear that she was being
asked to write her letter specifically for use in a political campaign.
When I got wind of Justice O’Connor’s letter, I wrote a scathing op ed for the New York Times
criticizing her judicial ethics as well as her miscitation of the law.
Justice Sandra Day O'Connor has again deplorably allowed her name and judicial office to
be used for partisan political purposes.
In 1987, she agreed to conduct a "private briefing" in the Supreme Court for Republicans
who contributed at least $10,000 to a political-action group. She canceled it after leading
ethics experts publicly criticized her actions as violating the Code of Judicial Conduct -
but not until after her name had been used in the fund-raising solicitation.
Justice O'Connor recently complied with a request from an arch-conservative Arizona
Republican friend who had asked her to write a letter in support of a proposed party
resolution declaring the United States to be "a Christian Nation . . . based on the absolute
law of the Bible."
I then described what she had done and the phony excuse she had offered in defense: that she
“had no idea” her letter would be used politically. My op ed concluded:
Not only was Justice O'Connor's letter used in that [political] campaign, its miscitation of
cases was relied on in the resolution enacted by the Arizona Republican Party. That
resolution begins, "Whereas the Supreme Court of the United States has three holdings to
the effect that this is a Christian nation . . . ." It then cites the decisions provided by Justice
O'Connor and declares that we are "a Christian Nation," and that the Constitution created
"a republic based upon the absolute laws of the Bible, not a democracy."
Justice O'Connor has twice given aid and comfort to partisan Republican causes. Both
times her regrets came too late and only after public criticism. She has twice allowed her
name and judicial office to be used improperly. She has twice violated the Code of Judicial
Conduct, which unambiguously directs sitting judges to refrain from political activity,
including "making speeches for a political organization" and participating in political fund
raising.
A seat on the Supreme Court does not exempt a Justice from complying with the rules of
the profession. Justice O'Connor must remember that her allegiances are no longer to a
particular wing of the Arizona Republican Party but to all Americans, regardless of party
affiliation, region or religion.
I was told by several law clerks that after my op ed appeared, she was deeply embarrassed by
what she had done and has not repeated the errors of her way during her subsequent years of
service on the Court.
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