S5, Ep. 10: The church-state legacy of Justice Sandra Day O’Connor

Respecting Religion

Justice Sandra Day O’Connor showed a thoughtful approach toward religious liberty issues during her time on the bench, upholding both the Free Exercise Clause and the Establishment Clause. Paying tribute to her soon after her passing on December 1, Amanda Tyler and Holly Hollman remember Justice O’Connor’s contributions and talk about her legacy, sharing personal reflections as well as wisdom from Justice O’Connor that holds true today. They also look at her controversial endorsement test and how the Supreme Court has shifted – both the law and in terms of public opinion – after her retirement. Amanda and Holly also take a moment to share what we learned about you, our listeners, from this year’s Spotify Wrapped.

SHOW NOTES: Segment 1 (starting at 00:38): The life of Justice Sandra Day O’Connor

Here are a few remembrances of Justice Sandra Day O’Connor:

• Justice Sandra Day O’Connor, lauded as “a human being, extraordinary,” lies in repose at the court by Mark Walsh for SCOTUSblog
• Click here for the entire “In Memoriam” section on SCOTUSblog
• Sandra Day O’Connor, First Woman on the Supreme Court, Is Dead at 93 – The New York Times’ obituary by Linda Greenhouse
• Justice O’Connor’s official Supreme Court bio
• Click here to see the online version of the Supreme Court exhibit on Justice O’Connor’s life

Justice O’Connor’s funeral was a private event at the Washington National Cathedral, but it is available for the public to view on the Cathedral’s YouTube page.

Segment 2 (starting at 15:41): Justice O’Connor on church-state cases

Supreme Court Justice Sandra Day O’Connor leaves legacy of civic-minded church-state jurisprudence by Don Byrd for BJC’s website

Amanda and Holly mentioned the following cases:

• Board of Education v. Mergens (1990)
• Lynch v. Donnelly (1984)
• McCreary County, Ky., v. ACLU (2005) was the Ten Commandments case with Justice O’Connor’s famous concurrence. Click here to learn more about the two Ten Commandments cases and decisions from a column Holly wrote in 2005.

Segment 3 (starting at 26:49): The ongoing impact of Justice O’Connor

Amanda and Holly mentioned that Justice O’Connor was one of the authors of the plurality opinion in Planned Parenthood v. Casey (1992)

Amanda and Holly discuss this article from Linda Greenhouse for The New York Times: “What Sandra Day O’Connor got wrong”

Segment 4 (starting at 35:31): Who are your fellow listeners?

See our Spotify Wrapped on Instagram at this link.

Our most popular podcast on Spotify in 2023 was Episode 22 of Season 4, discussing the ReAwaken America tour. Our most shared one was Episode 23 of Season 4 on the myth of American “chosenness.”

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