Political orientations aside, few can fail to appreciate retired Supreme Court Justice Sandra Day O’Connor’s decision to withdraw from public life. Nor can one overlook her grace in announcing that she suffers from a disease that often strips its victims of dignity. I was especially moved by this news because I had the privilege of arguing before Justice O’Connor.
In 2008, while “riding circuit,” Justice O’Connor sat with the 1st Circuit Court of Appeals in Boston, where I was a regular advocate. By some good fortune, I was selected to argue before her.
Although my case was a routine appeal from a criminal conviction, Justice O’Connor treated it – and the other cases she heard that day – with the seriousness of a potential landmark decision. She was exceptionally well prepared. Her questions to the lawyers were insightful and probing, but not aggressive. Rather than flaunt her authority or intelligence, she treated the lawyers with civility and respect, as if lawyers, like judges, are an integral part of the judicial process and deserve the same consideration.
Perhaps what struck me most was how comfortable she was with her gender. She did not look, speak or act like a man. Her coiffed hair and the jabot under her black robe left no doubt she was a woman. Yet her comportment reflected a confidence – no, a conviction – that femininity is entirely consistent with towering intellect.
Justice O’Connor’s grace extended to her personal life. Rather than be offended by her husband’s crush on a fellow Alzheimer’s patient, she expressed gratitude that he appeared happy. Her announcement that she has begun suffering the same affliction as her husband and the president who appointed her was equally graceful: not self-pitying or sensational, but measured and matter-of-fact. We could all learn from Justice O’Connor’s example.
Margaret McGaughey
former appellate chief, United States Attorney’s Office for Maine
Brunswick resident
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