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Quietly, O'Connor Fills In on Appellate Courts

By Jason Farago,  Newser Staff

Posted Aug 11, 2009 8:00 AM CDT

(Newser) – Three years after retiring from the Supreme Court, Sandra Day O'Connor is still on the bench—in federal appellate courts across the country, where the high court's first woman justice has quietly been filling in as a substitute judge. O'Connor has heard nearly 80 cases and written more than a dozen opinions at the lower level, often without telling her former Supreme Court colleagues. "It's nice to keep your hand in a bit," she tells the Wall Street Journal.

Unlike the picky Supreme Court, appellate courts must hear almost every case that bubbles up through the system—her most recent decision concerned a wolf whose owners had an inaccurate dog license. And while on the top bench she had wide discretion, at the appellate level she's bound by Supreme Court precedent. "I now have to apply some of those holdings with which I didn't agree," she says. "It hasn't caused me to change my mind."

Former Supreme Court Justice Sandra Day O'Connor at a news conference Wednesday, April 29, 2009, in Austin, Texas.
Former Supreme Court Justice Sandra Day O'Connor at a news conference Wednesday, April 29, 2009, in Austin, Texas.   (AP Photo/Harry Cabluck)
Sandra Day O'Connor addresses a meeting of Pennsylvania judges and lawyers in Harrisburg, Pa.
Sandra Day O'Connor addresses a meeting of Pennsylvania judges and lawyers in Harrisburg, Pa.   (AP Photo/Carolyn Kaster, FILE)
Former Supreme Court justice Sandra Day O'Connor appears on Fox News Sunday  in Washington, Sunday, May 20, 2007.
Former Supreme Court justice Sandra Day O'Connor appears on "Fox News Sunday" in Washington, Sunday, May 20, 2007.   (AP Photo/FOX News Sunday)
Sandra Day O'Connor, the first female justice of the Supreme Court, is sworn in by Chief Justice Warren Burger in 1981.
Sandra Day O'Connor, the first female justice of the Supreme Court, is sworn in by Chief Justice Warren Burger in 1981.   (AP Photo/White House)
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They don't waste any time. I liked, here at the Supreme Court, to take time to reflect on what I heard and check my notes and put together thoughts. - Sandra Day O'Connor, on the different nature of circuit judging

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COMMENTS
Showing 3 of 3 comments
ghhugh
Aug 11, 2009 3:47 AM CDT
I respect her willingness to serve our Country.
Jojo
Aug 11, 2009 2:58 AM CDT
Agreed Time, and I think it's cool she's filling in it at lower levels. That's a very down-to-Earth thing to do.
timeandagain
Aug 11, 2009 2:43 AM CDT
Pure class!

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