SLS’s Deborah Hensler Remembers Justice Sandra Day O’Connor

I first met Justice O’Connor when I was still at RAND and the RAND Vice-President arranged for her to speak to me about our research on tort litigation. This was likely in the late ’80s when the tort reform battles were raging in Congress. I recall being impressed by the Justice’s questions and attentiveness to my responses—I think I had expected the meeting to be more pro forma, agreed to by her for relational, rather than substantive, reasons. I still recall sitting opposite her in what I recall as a very ladylike sitting room in her chambers, which was decorated with Western art. (I had met previously with Justice Warren Burger and recall also thinking that her questions were more intelligent than his.) Several years later, Justice O’Connor called me to ask questions about our research on punitive damages and I remember that again she asked sensible questions about our research results. However, my favorite memory of the Justice is from a different occasion: I was speaking at a conference on gender bias in the federal courts, presenting results of research that I had conducted for the 9th Circuit Gender Bias Task Force, of which I was a member. As I recall, Justice O’Connor delivered a keynote address at the conference. During a break, I headed for the ladies’ restroom. As usual in public venues, there were insufficient facilities for women (a bit ironic, considering the subject of the conference), and a long line. Justice O’Connor happened to be in front of me on that line. As we waited impatiently for people to emerge from the stalls, Justice O’Connor stepped forward toward one of the stalls, and bent down—as many of us have done—to check whether the stall was actually occupied. And I thought, for the first time, that there was someone like me on the Supreme Court bench.