Sandra Day O’Connor biographer says she would want ‘regular order’ on court vacancy

Supreme Court Justice Ruth Bader Ginsburg sits with Justice Sandra Day O’Connor at the Seneca Women Global Leadership Forum at the National Museum of Women in the Arts, on April 15, 2015, in Washington.

 (Photo: Kevin Wolf/Invision for Seneca Women/AP Images)

Former Supreme Court Justice Sandra Day O’Connor’s authorized biographer said she had wanted “regular order” on Merrick Garland’s 2016 nomination and likely wouldn’t want a rushed confirmation to the high court now.

Evan Thomas, the author of “First,” a 2019 biography of O’Connor, said it’s hard to say definitively what she would make of the rapidly unfolding political fight over replacing Justice Ruth Bader Ginsburg, who died on Friday of pancreatic cancer.

“She wanted the process to go forward on voting on Merrick Garland,” Thomas said. “Based on that, I think — this is my opinion now — I don’t think she would feel right about ramming this thing through.”

O’Connor made clear she didn’t approve of Garland’s nomination languishing for nearly a year in the Senate without a hearing, Thomas said. 

“Justice O’Connor was a believer not just in the rules, but following customs. My guess is she would be offended at jamming this through,” he said. “She liked orderly procedure. … She doesn’t like messes.” 

Sandra Day O’Connor: Biography of the first woman on the Supreme Court

Senate Majority Leader Mitch McConnell, R-Ky., justified holding up Garland’s nomination on the grounds the public should be allowed to pick the next president first. On Friday, he made clear there will be a vote on whoever President Donald Trump nominates to the Supreme Court, saying in 2016 there was divided government, unlike now.

Ginsburg and O’Connor served 12 years together on the nation’s high court. O’Connor retired from the court in 2006 after serving as a justice for almost a quarter-century. She retired from public life in October 2018 because of Alzheimer’s disease.

Two of O’Connor’s three sons had little to say about the new drama. 

“There’s really no official comment from the family,” Brian O’Connor said. “There’s nothing else we would want to want to say except God bless Justice Ginsburg. … We live in a very polarized country. That’s just one man’s opinion.”

Jay O’Connor said he would “politely decline” to comment.

“Justice Ginsburg was a great lady, and it’s a sad day for the court,” he said.    

Includes information from Arizona Republic reporter Kelsey Mo.

Reach the reporter Ronald J. Hansen at ronald.hansen@arizonarepublic.com or 602-444-4493. Follow him on Twitter @ronaldjhansen.

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